%20(1)%20(1).png "Why NCERT is Not a State Under Article 12 of the Indian Constitution?")
Hey There! Are you searching for Is NCERT a ‘State’ under Article 12 of the Indian Constitution or no? So, you are the right place. Here at Agaz (accessible with www.agaz.in), your all queries regarding whether the NCERT is considered a "State" under Article 12 or not going to be crystal cleared.
So, as of now, we have discussed about LIC, ONGC, BCCI, Judiciary and many more. We can say in India, the line between government organizations and independent bodies(we have discussed earlier in previous articles) can often seem blurred, especially when these institutions receive public funds and work closely with the government. One such case that raises frequent legal and academic debates is whether the National Council of Educational Research and Training (NCERT) qualifies as a “State” under Article 12 of the Indian Constitution. The direct answer is no, and here’s a detailed yet simplified explanation of why that is the case.
Is NCERT is a State Under Article 12 of the Indian Constitution?
NO, The National Council of Educational Research and Training (NCERT) is generally not considered a "STATE" under Article 12 of the Indian Constitution. This conclusion of NCERT is not a state - is based on the definition of state, Test to determine state, judicial interpretations and the criteria (mentioned below) established by the Supreme Court or apex court- to determine whether a body qualifies as a "State." Stay with us (Agaz.in) to know the reasons and key indicators of Why NCERT is NOT a State under article 12 of the Indian Constitution.
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What is NCERT?
Firstly, let's known about NCERT. The National Council of Educational Research and Training(NCERT), established in 1961, is an autonomous organization under the Ministry of Education, Government of India. what we say its primary role is to assist and advise the central and state governments on policies and programs for improving school education. NCERT(National Council of Educational Research and Training) is best known for:
- Publishing textbooks used in CBSE-affiliated schools and many state boards.
- Conducting educational research and training.
- Developing curricula and teaching methodologies.
At first glance, NCERT’s close ties with the government might make you think it’s a slam dunk(too easy to be) for being considered a "State." After all, it’s funded by the government, works under the Ministry of Education, and plays a pivotal role in shaping India’s education system. Though its work is closely tied to the Ministry of Education, the key word here is "autonomous." But-But... the legal reality is more nuanced.
Definition of State in Indian Constitution
The Definition of State in Indian Constitution under Article 12 is crucial and pivotal because it determines accountability for fundamental rights violations. So, what is State under Article 12? This article defines what constitutes a "State" for the purposes of Part III of the Constitution, which deals with fundamental rights. So what we say, According to Article 12, the term "State" includes:- The Government and Parliament of India,
- The Government and Legislature of each State,
- Local authorities, and
- Other authorities under Article 12 within India’s territory or under the control of the Government of India.
Also, the phrase "other authorities" is where things get interesting. It’s a broad term, and courts have interpreted it over the years to include entities that perform governmental functions or are deeply intertwined with the government. लेकिन - But does NCERT fall under this category? To answer that, No NCERT is not fall in the definition of the state under article 12 of the Indian constitution.
Why NCERT is Not Considered a "State" Under Article 12
Here are the reasons why NCERT is not considered as a state under article 12 of Constitution of India:
1. Autonomous Registration
First of all, NCERT is not created by a statute or any Law. It is a registered society under the Societies Registration Act, 1860. This is a major point — unlike statutory bodies such as the Election Commission, LIC, BCCI or CBI, NCERT doesn't derive its authority from an act of Parliament. NCERT’s autonomy means it doesn’t function as a mere extension of the government. It has the freedom to design curricula, publish books, and conduct research without direct interference, which weakens its case for being classified as a "State."
2. Limited Government Control
While NCERT receives substantial government funding and its Executive Committee includes government nominees, the government does not exercise deep or pervasive control over its day-to-day operations or internal decisions. Courts have held that mere funding is not enough to qualify an entity as a "State". While it’s true that the government funds NCERT and appoints its governing council, the organization has its own rules, regulations, and decision-making processes. The Supreme Court, in cases like Pradeep Kumar Biswas v. Indian Institute of Chemical Biology (2002), clarified that for an entity to be a "State," the government must exercise pervasive control over its functioning—not just nominal oversight.
3. Nature of Functions: Advisory, Not Governmental
Another key factor is whether NCERT performs functions that are inherently governmental. The courts have held that entities performing public duties or sovereign functions (like law enforcement or tax collection) are more likely to be considered part of the "State." NCERT, however, primarily plays an advisory and academic role. Plus, it develops educational materials and provides recommendations, but it doesn’t have the authority to enforce policies or exercise regulatory powers.
For example, in R.D. Shetty v. International Airport Authority of India (1979), the Supreme Court ruled that entities performing public duties with significant government involvement could qualify as "State." But NCERT’s work, while important, is more academic and facilitative than regulatory or sovereign, placing it outside this scope.
NCERT’s functions are advisory and academic in nature. It does not exercise any coercive or statutory powers like issuing binding orders or implementing policies with legal authority.
4. Lack of Deep Financial Dependence
While NCERT receives funding from the government, this alone isn’t enough to make it a "State". The courts have emphasized that financial aid must be coupled with extensive control over the entity’s operations. NCERT generates some revenue through the sale of its publications and operates with a degree of financial independence. This reduces its reliance on the government compared to other entities, like public sector undertakings, that have been deemed "State" under Article 12.
5. Judicial Precedents Say It’s Not a “State”
The Delhi High Court in Vineet Bhushan Sharma v. NCERT (2012) held that NCERT is not a "State" under Article 12 because it fails the test of “functional and financial control” and does not perform sovereign functions.
Implications of NCERT Not Being a "State"
So, why does this matter? If NCERT isn’t a "State" under Article 12, it means that fundamental rights under Part III of the Constitution (like the right to equality or freedom of speech) cannot be directly enforced against it. For example:
A student or teacher cannot file a writ petition against NCERT in a High Court or the Supreme Court under Article 32 or 226 for alleged violations of fundamental rights.
NCERT’s actions, such as decisions about textbook content, are not subject to the same level of constitutional scrutiny as those of a government department.
However, this doesn’t mean NCERT is entirely unaccountable. It’s still subject to administrative law, and its decisions can be challenged in courts on grounds like arbitrariness or violation of statutory duties. Plus, as a public institution, it’s expected to uphold principles of fairness and transparency.
Conclusion
Lastly, we can say - Despite being a prominent educational body funded and guided by the government, the NCERT does not qualify as a “State” under Article 12 of the Indian Constitution. This is primarily due to its autonomous status, lack of statutory creation, and absence of sovereign functions. While NCERT plays a vital public role, it remains legally independent of direct governmental control, at least in the eyes of the Constitution and judiciary.
Understanding this legal distinction is essential in an era where education and law frequently intersect, especially with rising public interest in curriculum reform and academic freedom.
FAQs
Q1. Can I file a writ petition against NCERT?
No, since NCERT is not considered a “State” under Article 12, you generally cannot file a writ petition for violation of fundamental rights against it.
Q2. Is NCERT a government body?
It is a government-funded autonomous body but not a statutory authority or a direct government department.
Q3. What’s the difference between UGC and NCERT in this context?
UGC is created by an Act of Parliament (University Grants Commission Act, 1956), so it is a "State" under Article 12. NCERT is not.
Q4. Whether the NCERT is a government department?
Nope! It’s an autonomous body, not a department under direct government control.
Q5. Does All educational institutions are "State."
Not true. Only those with significant government control or statutory backing (like the UGC) qualify.
Q6. Does Government funding equals "State" status.
Funding is just one factor; autonomy and function matter more.
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