Delhi HC: Manohar Parrikar Institute for Defence Studies is Instrumentality of State


PTI, Apr 23, 2024, 11:54 AM IST

The Delhi High Court has held that the government has control over functioning of the Manohar Parrikar Institute for Defence Studies and Analyses which makes it an instrumentality of the State under the Constitution and is amenable to the writ jurisdiction of the court.

The high court said the ”overarching control” of the Ministry of Defence over finances, recruitment and functioning in the institute makes it evident that the ministry has ”deep and pervasive control” there.

“The presence of a majority of the members in the Executive Council (EC) from the government is testament to the fact that the decisions taken by the EC are not independent of the government control. Furthermore, it is also an undisputed fact that the respondent institute undertakes research only for the government and not any other private agencies,” Justice Chandra Dhari Singh said.

Instrumentalities are means through which the state discharges its functions and they fall within the scope of state under Article 12 of the Constitution.

The court passed the interim order on a plea by the institute which raised objection on the maintainability of a batch of petitions by persons who were employed as administrative and technical staff with the institute and were seeking regularisation of their services.

The counsel for the institute contended that it was not an instrumentality of State as defined in Article 12 of the Constitution and the writ petitions were not maintainable. It said the petitioners cannot seek parity between the employment of the government and the institute.

The counsel said the institute is a society having its own rules and regulations and it was constituted with an objective of initiating study, discussions and research on problems of national security and impact of defence measures and was a think tank dedicated to extensive research in the field of defence.

It was submitted that as per the bye-laws formulated by the members of the institute, it was governed by an EC which was responsible for the management and administration of its day-to-day affairs.

The high court, however, held that the petitions were maintainable and the court was within its power to adjudicate them on merits.

The court said it was of the view that the Ministry of Defence enjoyed full control over the finances of the institute and the conclusion was drawn not only from the fact that the institute was fully funded by the government, but also from the fact that the government has control over the finances.

It said merely because the institute was separately functioning from the ministry does not mean that it was independent of the control of the government.

The court listed the main petitions for hearing on merits on September 3 and added that the interim stay on termination of services of petitioners shall further continue. The court asked the institute to file its reply to the petitions.

Udayavani is now on Telegram. Click here to join our channel and stay updated with the latest news.

Top News

Rajasthan-based Youtuber held for threatening to kill Salman Khan gets bail

Karnataka to remain driving force behind India’s GCC Industry: IT Minister Priyank Kharge

Heavy rainfall in DK, Udupi; DC declares holiday for schools, PU colleges on July 16

Geetha Tonse Pai of the Manipal Pai family passes away

No ‘good news’, for now enjoy ‘Bad Newz’: Vicky Kaushal on Katrina Kaif’s pregnancy rumours

Senior MLA Suresh Babu replaces Kumaraswamy as JD(S) leader in Karnataka Assembly

AI cameras installed in K’taka Assembly to record arrival, exit time of MLAs, duration of presence

Related Articles More

Rajasthan-based Youtuber held for threatening to kill Salman Khan gets bail

Swati Maliwal assault : Delhi Police likely to file charge sheet on Tuesday

TN CM condemns Karnataka over ‘non-release’ of Cauvery water, convenes all-party meet

EAM Jaishankar to pay 2-day visit to Mauritius

No ‘good news’, for now enjoy ‘Bad Newz’: Vicky Kaushal on Katrina Kaif’s pregnancy rumours

MUST WATCH

Dr. Rajkumar

Poisoning – Prevention

Mulbagal Dosa Vasavi Food Point

Donald Trump

Elephant attack


Latest Additions

Uproar in both houses of Karnataka legislature over Valmiki Corporation scam

Rajasthan-based Youtuber held for threatening to kill Salman Khan gets bail

Swati Maliwal assault : Delhi Police likely to file charge sheet on Tuesday

Karnataka to remain driving force behind India’s GCC Industry: IT Minister Priyank Kharge

TN CM condemns Karnataka over ‘non-release’ of Cauvery water, convenes all-party meet

Thanks for visiting Udayavani

You seem to have an Ad Blocker on.
To continue reading, please turn it off or whitelist Udayavani.