Summary: This blog examines when private sector companies and Government companies can be regarded as ‘State’ under Article 12 of the Constitution of India, and the legal jurisprudence surrounding this subject. The authors address key questions about when such entities will be considered as ‘State’ and hence amendable to Writ Jurisdiction for the enforcement of fundamental rights guaranteed under the Constitution. The blog analyses the evolution from structural to functional approach in judicial interpretation, including various SC judgments and the law laid down in the landmark case of P. K Biswas vs IICBContinue Reading Private Sector Companies: State or not State?