Wednesday, March 10, 2021

RBI is "State" under Article 12, writ petition is maintainable against private bank discharging public functions: Calcutta High Court

Justice Sabyasachi Bhattacharyya made the observations while dismissing objections made to the maintainability of a writ petition filed under Article 226 of the Constitution against the General Manager, Consumer Education and Protection Cell (CEPC) of the RBI and the IndusInd Bank, among other respondents.

"Since the Reserve Bank of India is an instrumentality of the State, it comes squarely within the meaning of 'State' as contemplated in Article 12 of the Constitution. Thus, the writ petition is maintainable." 

Read Judgment

Law office of Satish Swami

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