Question from Hrish, Is the Kerala Infrastructure Investment Fund Board a Corporate Body and Not Under the State’s Jurisdiction as per the Indian Constitution?
Answer from AI:
The Kerala Infrastructure Investment Fund Board (KIIFB) is a statutory body established under the Kerala Infrastructure Investment Fund Act, 1999. It is a government-owned financial institution formed to mobilize funds for infrastructure development from various sources.
Is KIIFB a Corporate Body?
Yes, KIIFB is a corporate body. It has a legal personality separate from its members and is capable of owning property, entering into contracts, and suing or being sued in its own name. This is a characteristic feature of a corporate body.
Does KIIFB Fall Under the State’s Jurisdiction?
While KIIFB is a corporate body, it is also a statutory body established by the state government’s legislation. Therefore, it operates under the jurisdiction of the state government. However, it is important to note that being under the state’s jurisdiction does not mean that it is a part of the state under the Constitution of India.
The Constitution of India, in Article 12, defines the ‘State’ for the purposes of Part III (Fundamental Rights). According to this definition, the ‘State’ includes the Government and Parliament of India, the Government and the Legislature of each of the States, and all local or other authorities within the territory of India or under the control of the Government of India.
Whether KIIFB falls under the definition of ‘State’ under Article 12 of the Constitution would depend on the interpretation of the term ‘other authorities’. The Supreme Court of India, in various judgments, has held that bodies which have the power to make regulations and issue binding orders, or which perform public functions or functions of a governmental character, would fall within the definition of ‘State’.
Legal Advice
Whether KIIFB falls within the definition of ‘State’ under the Constitution of India is a complex legal question that would depend on a detailed examination of the functions and powers of KIIFB. It is recommended that you consult with a legal professional for personalized advice on this issue.
The answer is written by AI.
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Disclaimer: The information provided in this response is intended for general informational purposes only and should not be considered as legal advice. While we strive to provide accurate information, we make no guarantees regarding the accuracy or legal validity of the information presented. Laws and regulations vary by jurisdiction and can change over time, and the application of laws can vary widely based on the specific facts and circumstances involved. Therefore, you should consult with a qualified legal professional before making any decisions related to legal matters. Do not rely solely on the information provided in this response for any legal decisions. We disclaim any and all liability with respect to actions taken or not taken based on the contents of this response.
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