ARTICLE 12 – State (Indian Constitution)

TANMOY MUKHERJEE INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherjee

Advocate

ARTICLE 12 – State (Indian Constitution)-

Tanmoy Mukherjee

Advocate

Article 12 defines the term “State” for the purpose of Part III (Fundamental Rights). It lays down which authorities can be sued for violation of Fundamental Rights.

Article 12-

 “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.”

Explanation of Article 12-

Article 12 gives an inclusive definition of “State”.

Any authority that is considered “State” can be challenged under Articles 32 and 226 for infringement of fundamental rights.

Authorities included under “State”-

1. Government of India

2. Parliament of India (Lok Sabha & Rajya Sabha)

3. State Governments

4. State Legislatures

5. Local authorities (Municipalities, Panchayats, District Boards etc.)

6. Other Authorities

 

These include bodies or agencies that perform public functions, or are instrumentalities or agencies of the government, even if they are not directly government departments.

 What are “Other Authorities”?

Courts have expanded this term to include-

→Statutory authorities

→Government-controlled corporations

→Public sector undertakings (PSUs)

→Universities

→Bodies performing public duty

Important Case Laws on Article 12-