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The Supreme Court through its judgement dated 10.04.2026 in the matter of Ram Chandra Choudhary & Others v Roop Nagar Dugdh Utpadak Sahakari Samiti Limited & Others1 held that District Co-operative Milk Unions (District Milk Unions) are not ‘State’ under Article 12 of the Constitution of India, 1950.
The Court affirmed that the essential test for determining whether an entity qualifies as “State” lies in the degree of control exercised by the Government. The Court reiterated that such control must be “deep and pervasive” in nature and not merely regulatory or supervisory.
The Court noted that mere registration under a statute or receipt of certain benefits from the State would not, by itself, render entities as ‘State’ within the meaning of Article 12.
The Court clarified that a writ can be issued against non state entities only when those entities are either performing public duties or discharging public functions or is alleged to have acted in breach of statutory or constitutional obligations of a public character.
Footnote
1. Civil Appeal No. 4352 of 2026.
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