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july 1963

Supreme Court of India · 1963-07-26

THE STATE TRADING CORPORATION OF INDIA LTD. & OTHERS vs THE COMMERCIAL TAX OFFICER, VISAKHAPATNAM AND OTHERS

Citation / case number
SC 1961/197
Court
Supreme Court of India
Petitioner
THE STATE TRADING CORPORATION OF INDIA LTD. & OTHERS
Respondent
THE COMMERCIAL TAX OFFICER, VISAKHAPATNAM AND OTHERS
Bench
SINHA, BHUVNESHWAR P.(CJ),DAS, S.K. & GAJENDRAGADKAR, P.B.,SARKAR, A.K. & WANCHOO, K.N.,HIDAYATULLAH, M. & GUPTA, K.C. DAS,SHAH, J.C. & AYYANGAR, N. RAJAGOPALA

Judgment text excerpt

The Supreme Court held that the State Trading Corporation of India, being a private limited company registered under the Indian Companies Act, 1956, does not qualify as a citizen under Article 19(1)(f) and (g) of the Constitution. The Court clarified that citizenship is limited to natural persons as defined in Part II of the Constitution and the Citizenship Act, 1955, which does not extend to juristic persons. Consequently, the Corporation's petitions under Article 32 for enforcement of fundamental rights were dismissed, affirming that only natural persons can claim such rights.

THE STATE TRADING CORPORATION OF INDIA LTD. & OTHERS vs THE COMMERCIAL TAX OFFICER, VISAKHAPATNAM AND OTHERS · Niyam