G. BASSI REDDY ETC. ETC. versus INTERNATIONAL CROPS RESEARCH INSTT. AND ANR.

G. BASSI REDDY ETC. ETC. versus INTERNATIONAL CROPS RESEARCH INSTT. AND ANR.

ICRISAT was not set up by the Government, is not controlled by nor accountable to the Government, and its voluntary, international activities do not constitute a public duty owed to the Indian public; therefore, ICRISAT is not 'State' or 'other authority' under Article 12, and writ petitions under Article 226 are not maintainable against it. As no writ would lie, the issue of immunity under the United Nations (Privileges and Immunities) Act, 1947 does not arise.

Parties
Appellant: G. Bassi Reddy; Respondent No. 1: International Crops Research Institute (ICRISAT); Respondent No. 2: Union of India
Jurisdiction
India
Judgment Date
14 February 2003
Procedural Posture
Civil Appeal / Supreme Court Appeal From Andhra Pradesh High Court Judgment Dated 30.6.1988 in W.p. No. 7380 of 1983
Outcome
Appeals dismissed
Legal Topics
Maintainability of Writ Petition Under Article 226, Definition of 'state' or 'authority' Under Article 12, Immunity Under United Nations (privileges and Immunities) Act, 1947
Constitutional Law Maintainability of Writ Petition Under Article 226 Definition of 'state' or 'authority' Under Article 12 Immunity Under United Nations (privileges and Immunities) Act, 1947

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 12 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

G. Bassi Reddy

Appellant

International Crops Research Institute (ICRISAT)

Respondent No. 1

Union of India

Respondent No. 2

Procedural Posture

Civil Appeal / Supreme Court Appeal From Andhra Pradesh High Court Judgment Dated 30.6.1988 in W.p. No. 7380 of 1983

Legal Issues

  1. 1 Whether ICRISAT is 'State' or 'other authority' within Article 12 of the Constitution of India
  2. 2 Whether writ petition under Article 226 is maintainable against ICRISAT
  3. 3 Whether immunity under the United Nations (Privileges and Immunities) Act, 1947 can exclude writ jurisdiction

Ratio Decidendi

ICRISAT was not set up by the Government, is not controlled by nor accountable to the Government, and its voluntary, international activities do not constitute a public duty owed to the Indian public; therefore, ICRISAT is not 'State' or 'other authority' under Article 12, and writ petitions under Article 226 are not maintainable against it. As no writ would lie, the issue of immunity under the United Nations (Privileges and Immunities) Act, 1947 does not arise.

Court Disposition

Appeals dismissed

Orders

  • Appeals dismissed without any order as to costs.