Supreme Court Declares National Book Trust a ‘State’ Under Article 12 of the Constitution

The Supreme Court of India has ruled that the National Book Trust (NBT) qualifies as a ‘State’ under Article 12 of the Constitution. In their judgement dated 6th November 2026, a bench of Justices Prashant Kumar Mishra and Augustine George Masih, ruled that the Central Government possesses deep and Pervasive Control over the constitutional, administrative and financial structure of the Trust. This judgement affirms a 2012 Delhi High Court judgement and places the NBT under the constitutional framework relating to Fundamental Rights.

Supreme Court Judgement: National Book Trust

In The Chairman, National Book Trust, India and Another v. A.R. Abdul Gaffar and Others (Civil Appeal No. 14369 of 2015)

The Supreme Court dismissed the appeal made by the NBT Chairman and other appellant, affirming the Delhi High Court Full Bench judgement dated 1st June 2012. The High Court found that the Trust was an instrumentality of the State and thus fell under ‘other authorities’.

The Supreme Court stated that the determination of government control should be made holistically. They found that the Trust was dominated by the government both financially, functionally and administratively.

Why is the National Book Trust a ‘State’?

The Court stated that the Trust was controlled by the government in numerous ways,

Area of Control and It’s Key Points

• Creation: Established via Government of India Resolutions dated 15th June 1957 and 28th September 1962
• Appointment: Chairman is appointed by the Central Government and acts at the pleasure of the Central Government.
• Management: There is a large presence of members within the Trust and Executive Committee from the government.
• Administration: The Executive Committee possess administrative, managerial and decision making powers.
• Finance: There is a financial advisor appointed by the Finance Ministry.
• Reporting: The Trust provide reports to the government regarding their annual reports and audited accounts.
• Rules: Some changes to the rules of the Trust require government approval.

The court also found that the argument that the Trust was registered as a society and earned income from selling books did not mean it was not covered by Article 12. The court noted that even if the Trust has independent sources of income from one area, this does not override the overall government control.

What is Article 12 of the Indian Constitution?

Article 12 can be found in Part III of the Constitution. It provides a definition of what constitutes ‘State’.

The ‘State’ is defined as,

• The Government and Parliament of India.
• The Government and Legislature of each of the States.
• All local authorities.
• Other authorities within the territory of India or under the control of the Government of India.
• The inclusion of ‘other authorities’ means that more than just regular government departments can fall under constitutional review. Organisations that are heavily controlled by the government can fall under the definition of ‘State’ provided in Article 12.

This is important because Fundamental Rights can be enforced against these authorities. Any individual can enforce their Fundamental Rights by approaching the Supreme Court (Article 32) or the appropriate High Court (Article 226).

What is the ‘Deep and Pervasive Control’ test?

The Supreme Court referred to previous case law such as Ajay Hasia v. Khalid Mujib Sehravardi (1981) and Pradeep Kumar Biswas v. Indian Institute of Chemical Biology (2002).

The ‘deep and Pervasive Control’ test involves determining whether an organisation is dominated by the government both financially, functionally and administratively.

There needs to be specific, Pervasive Control over the organisation. If an organisation only falls under regular government regulation, they would not be deemed a ‘State’ under Article 12.

The court also made it clear that an organisation will not necessarily be covered by Article 12 because it performs a public function. The public purpose should be taken into consideration alongside government control.

Is the National Book Trust now considered a department of the government?

No. The Supreme Court made it clear that the recognition of the NBT as a ‘State’ under Article 12 does not make it a department of the government.

Furthermore, it does not automatically mean that employees of the NBT will become civil servants or that they will receive protection from the service provisions in Articles 309, 310 and 311 of the Constitution.

The judgement relates to the constitutional status of the Trust and Part III.

About National Book Trust (NBT), India

The National Book Trust is an autonomous body established by the Government of India in 1957. It operates under the Department of Higher Education in the Ministry of Education.

The main aim of the Trust is to encourage quality literature and ensure books are available to the public at affordable prices. The Trust carries out a number of key activities including:

Publishing books in English, Hindi and other Indian languages.

Publishing children’s literature, science, social science and other books.

Organising national and international book fairs and exhibitions.

Encouraging reading and Indian literature.

Supporting authors, publishers and books promotion.