Article 12 of Indian Constitution: Definition

Article 12 of Indian Constitution serves as the gateway to the enforcement of Fundamental Rights under Part III of the Constitution. It provides the legal definition of the term "State," which is crucial because fundamental rights can be enforced only against the "State" as defined in this article. Understanding the scope and ambit of Article 12 is essential for constitutional law, governance, and competitive exams . Explore in-depth analysis of other Constitutional Articles.

Download 5 Key takeaways on Article 12 of Indian Constitution

Article 12 of Indian Constitution

Definition

In this Part, unless the context otherwise requires, the State includes the Government and Parliament of India and 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.

Note: "The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders" 

To simplify, the term "State" in under the Indian Constitution ,Article 12 includes:

• The Government and Parliament of India (Union Executive and Legislature)
• The Government and Legislature of each State
• Local authorities such as municipalities and panchayats
• Other authorities under Article 12 of Indian Constitution

The term "other authorities " is interpreted broadly. Courts have included statutory and non-statutory bodies, public corporations and even private bodies performing public functions within this scope . This sees that rights are protected against a wider range of public influences.

Definition of State under Article 12

The definition of State under Article 12 of Indian Constitution includes all instrumentalities and agencies that perform government-like functions or are under significant governmental control. It extends beyond just government departments to include a vast range of administrative and statutory bodies.

How is State Defined under Article 12 of Indian Constitution ?

The State is defined inclusively to cover central and state governments, legislatures and all authorities functioning under their jurisdiction. This includes entities under the control of the government performing duties of public importance.

Judiciary under Article 12

Whether the judiciary falls under Article 12 has been debated . The consensus is that the judiciary is not a State when acting in its judicial capacity . However when it performs administrative or non-judicial functions like appointments and service conditions then it may be considered a State under this section .

Scope of Article 12

The Scope of Article 12 has significantly expanded due to vast judicial interpretation. Initially limited to governmental departments, the scope now includes bodies like universities, statutory corporations, government-controlled societies and public-private partnerships. The inclusion ensures the enforcement of fundamental rights against entities exercising governmental powers.

Other Authorities under Article 12

The phrase "Other Authorities under Article 12" refers to bodies created by the Constitution or statute or operating under government control. Courts assess whether such bodies are an instrumentality or agency of the State using various criteria.

Instrumentality or Agency of the State

The term "instrumentality or agency of the State" emerged from judicial rulings. It covers organizations financially, functionally or administratively dominated by the government . These bodies may still be private in form but are public in function thus qualifying as State under Article 12.

Local or Other Authorities

Local authorities refer to decentralized administrative bodies such as municipal corporations, district boards, and panchayats. Other authorities can include universities, statutory commissions or regulatory bodies, depending on the level of government involvement and public interest served.

Control of the Government

One of the tests used by courts to determine whether a body qualifies as the State is the extent of control of the government. If the government exercises deep and pervasive control over an institution, it may be classified under Article 12.

• University of Madras v. Shanta Bai (1954): The Madras High Court adopted the principle of ejusdem generis, suggesting that "other authorities" should be understood in the context of authorities of a like nature, specifically those performing governmental or sovereign functions.
• Rajasthan State Electricity Board v. Mohan Lal (1967): The Supreme Court expanded the interpretation, stating that even entities engaged in commercial activities could be considered "State" if they were created by statute and had the power to make regulations.
• Sukhdev Singh v. Bhagatram (1975): The Court held that statutory corporations like ONGC, LIC, and IFC, performing important public functions, fall within the ambit of "State" under Article 12.
• Ajay Hasia v. Khalid Mujib (1981): This case laid down a comprehensive test to determine whether an entity is an instrumentality or agency of the State, considering factors like financial resources, control, and the nature of functions performed.

These Article 12 landmark cases have shaped the interpretation of what constitutes the State in India.

Article 12 of Indian Constitution :Significance

Article 12 is significant because it sets the stage for the application of all fundamental rights. It expands the accountability of various entities performing public duties, ensuring broader protection of citizens' rights. It also empowers courts to scrutinize the actions of both governmental and quasi-governmental organizations.

Article 12 of Indian Constitution :Developments and Amendments

Though Article 12 has not been amended its judicial interpretation has evolved significantly. Courts have used various tests to include a range of bodies under Article 12 adapting to the changing dynamics of public administration. The evolution ensures that the State’s accountability is not diluted by privatization or delegation.

Conclusion

Article 12 of Indian Constitution is not merely a definitional clause but a powerful tool that enables the enforcement of rights. With its expansive interpretation it ensures that government bodies and their instrumentalities remain accountable . It also ensures that public duties even when outsourced remain under the purview of the Constitution . Understanding Article 12 is critical for upholding democratic principles and ensuring state responsibility in a constitutional democracy .