AI Overview...
District Tourism Promotion Council in Kerala and Its Status Under Article 12 of the Constitution
- Legal Status of the Council as a State Entity
The question of whether a District Tourism Promotion Council in Kerala qualifies as a State under Article 12 hinges on whether it performs functions of a governmental nature or is an instrumentality or agency of the State. - Reference: The first source (01500038668) discusses the scope of State functions and the judicial approach to determine if an entity is an instrumentality of the State under Article 12, emphasizing that courts examine the nature of functions performed rather than mere nomenclature.
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Insight: Generally, statutory bodies or authorities created or controlled by the State, engaged in public functions, are likely to be considered State under Article 12.
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Specific Context of Tourism Promotion Bodies in Kerala
- Reference: The second source (01500051325) mentions a Promotion Co-operative Society Ltd. in Idukki, formed to promote tourism, and notes its connection to the government, indicating such bodies often operate under statutory or administrative control.
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Insight: Such bodies, particularly when involved in public interest functions like tourism promotion, are often regarded as instrumentalities of the State, especially if they are funded, regulated, or controlled by the government.
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Judicial Precedents and Principles
- Reference: The first source (01500038668) highlights that courts assess whether entities are performing governmental functions, and if so, they are deemed State entities under Article 12.
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Insight: The determination depends on the degree of control, funding, and the nature of functions rather than the entity's name.
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Conclusion
Based on the legal principles and judicial precedents, a District Tourism Promotion Council in Kerala, if it functions as an instrumentality or agency of the State, performing public functions related to tourism promotion, is likely to be considered a State within the meaning of Article 12 of the Constitution. - Note: The precise status would depend on the specific statutory framework, degree of control, and the nature of functions performed, which courts examine on a case-by-case basis.
Summary:
A District Tourism Promotion Council in Kerala, engaged in public tourism promotion activities and controlled by or affiliated with the State government, is generally considered an instrumentality of the State under Article 12 of the Constitution. This classification depends on the nature of its functions and control, aligning with judicial standards for entities performing governmental functions.
Search Results for "Whether District Tourisom Promotion Counsil in Kerala is State under Article 12 of the Constitution"
2017 0 Supreme(Ker) 1053 • India - Kerala
P.N.RAVINDRAN, DEVAN RAMACHANDRAN
Constitution of India, Art.164(2) and Art.226 - A Minister in the Council of Ministers of the State, cannot, so extended as he endures ... to an order approved by hitherto additional Minister in the Council of Ministers and thereby prevent exploit being taken. ... to be a Minister, raise the writ jurisdiction to avert the State and its captains from clearing policymaking functions pursuant ... I am unable to countenance this contention going by the way Article 164(2) of the constitution#HL_END....
2022 0 Supreme(Ker) 10 • India - Kerala
S.MANIKUMAR, SHAJI P.CHALY
Promotion Co-operative Society Ltd., society formed to promote tourism in Idukki district - He is also former State Secretary of ... Constitution of India, 1950 - Article 226 - Kerala Public Services Act, 1968 - Section 2, 5(4) - Kerala ... Geology Service Special Rules, 2009 - Rule 3 - Method of Appointment - Petitioner is Honorary Secretary of Idukki District Tourism ... Facts leading to the filing of the instant writ petition are....
2021 0 Supreme(Ker) 398 • India - Kerala
P.B.SURESH KUMAR
Wild Life (Protection) Act, 1972 – Section 18 – Explosives Rules, 2008 – Rule 103 – Constitution of India, 1950 – Article ... that the third respondent cannot be found fault with for having declined the NOC sought by the petitioner in public interest. – Article ... State Biodiversity Board as also the report of the District Tourism Promotion Council. ... It was also submitted by the learned Senior Counsel that the reports furnished by the K....
2015 0 Supreme(Ker) 1419 • India - Kerala
DAMA SESHADRI NAIDU
Kerala Foreign Liquor Rules 1953 - Rule 27A - Constitution of India , Articles 14, Art. 15(1), Art. 15( ... only, but also within the specific prohibition in Article 15(1) of the Constitution. ... Article 15 of the Constitution prohibits discrimination on grounds of religion, race, caste, sex or place of birth. ... Unlike the freedoms in Article 19 of the Constitution there is no Scope for restricting the absolute scope of the rights under ....
1990 0 Supreme(SC) 99 • India - Supreme Court
J.S.VERMA, N.D.OJHA, S.RANGANATHAN
KERALA GENERAL SALES TAX ACT AS AMENDED BY KERALA S—TAMIL NADU GENERAL SALES TAx ACT—CLASSIFICATION IN THE MADRAS AND KERALA ... State of Tamil Nadu (AIR 1975 SC 583) this Court referred to, with approval, the majority view in San Antonio Independent School District v. ... This has led to filing of Civil Appeals Nos. 912-20 of 1988 against the Kerala High Courts decision and Writ Petition (Civil) No. 281 of 1988 under Art. 32 of the Constitution by the unsuccessful ho....
2015 Supreme(Online)(KER) 35920 • India - High Court of Kerala
K.T.SANKARAN, BABU MATHEW P.JOSEPH, JJ
, effectively excluding lower categories, and if such exclusion violated the principles of equality under the Constitution. ... Issues: The primary issue was whether the government could constitutionally limit foreign liquor licenses to five star hotels ... to promote public health and safety, and the legitimacy of policy decisions aimed at reducing liquor consumption while promoting tourism ... The district wise foreign tourists arrival in the State of Kerala during the year 2013-14 ....
2018 0 Supreme(Ker) 632 • India - Kerala
ALEXANDER THOMAS
of Hotel Industry and Tourism in the State-The President of the petitioner-Association had approached the respondent-District Registrar ... Cochin Literary, Scientific and Charitable Societies Registration Act, 1955 and the Rules framed thereunder, for the purpose of promotion ... -Fundamental right to form Association is subject to the restriction contained in clause (4) of Article 19. ... The petitioner- Association has been registered for the purpose of promotion of Hotel Industry a....
• India - Current Civil Cases
DAMA SESHADRI NAIDU
... Article 15 of the Constitution prohibits discrimination on grounds ... Constitution of India — Articles 14, 15(1) and (2) and 16(1)(2) — Kerala Foreign Liquor Rules — Rule 27A — Rule prohibiting women ... It is further noteworthy that Article 15 (2) is horizontal in its application, thus not confining itself to the State alone. ... only, but also within the specific prohibition in Article 15(1) of the Constitution. ... Article 1....
2015 0 Supreme(Ker) 1086 • India - Kerala
K.T.SANKARAN, BABU MATHEW P.JOSEPH
Kerala Abkari Act 1077 - Constitution of India,1950 - Article 14 - Kerala Foreign Liquor Rules 1953 - Rules ... It is not for us to interpret the policy word by word to find out whether a more feasible view is possible or whether a better policy ... Whether the view taken by the Government was correct or not is not amenable to judicial scrutiny. ... of Tourism, Government of Kerala. ... The test to be applied is whether there are tw....
• India - Himachal Pradesh
RAJIV SHARMA
Fact of the Case: The respondent-State invited 'Expression of Interest' for private sector participation in Cafe's ... also held that the petitioner had the locus standi to raise the issue pertaining to the illegality committed by the respondent-State ... State actions required to be non-arbitrary and justified on the touchstone of Article 14 of the Constitution. Action of the State or its instrumentality must be in conformity with some principle which meets the test of reason and re....
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