RAVI KHOKHAR v. UNION OF INDIA
Classification of Air Force Group Insurance Society as "State" under Article 12 based on Pervasive Administrative Control and Discharge of Public Functions.
Court: Supreme Court of India
Citation: 2026 INSC 233
Decision Date: 12-03-2026
List of Laws
Constitution of India, 1950; Article 12 - Definition of State; Societies Registration Act, 1860; Service Law - Pay Parity and Service Conditions; Administrative Law - Writ Maintainability
- Facts: The appellants are employees of the Air Force Group Insurance Society (AFGIS), a society registered under the Societies Registration Act, 1860. In 2016, the AFGIS Board of Trustees initially decided to revise pay scales as per the Sixth Pay Commission but subsequently resolved in 2017 to decouple their pay structures from Central Government parity. The employees challenged this withdrawal of parity and the implementation of new service terms. The respondent argued that AFGIS is a self-funded, private welfare body with no financial inflow from the Consolidated Fund of India, and thus not amenable to writ jurisdiction.
- Procedural Posture: The appellants filed writ petitions in the Delhi High Court, which were dismissed on the grounds that AFGIS does not constitute "State" under Article 12 of the Constitution, making the petitions non-maintainable. The appellants then approached the Supreme Court of India via Special Leave Petition.
- Issue: Whether the Air Force Group Insurance Society (AFGIS) qualifies as "State" or "other authority" under Article 12 of the Constitution of India, thereby making it amenable to the writ jurisdiction of the High Court under Article 226.
- Holding: Yes, AFGIS is "State" within the meaning of Article 12. The Supreme Court allowed the appeal, set aside the High Court's judgment, and restored the writ petitions for adjudication on merits.
- Reasoning: The Court applied the "cumulative facts" test established in Pradeep Kumar Biswas and Ajay Hasia. It observed that AFGIS exhibits deep and pervasive administrative control by the Government: its establishment was sanctioned by the President of India; its Board of Trustees consists entirely of serving senior Air Force officers; and membership is mandatory for all IAF personnel with premiums deducted directly from salaries. Furthermore, the Court held that AFGIS performs a "public duty" by providing insurance and welfare to the armed forces, which is integral to national security and sovereignty. Crucially, the Court noted that AFGIS had previously represented itself as "Government" to claim tax exemptions, and it cannot resile from that status to avoid constitutional accountability.
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