Sample: Meaning of "State" under Article 12
Question
Who is the "State" under Article 12 of the Constitution? Explain with the help of decided cases.
Introduction
Article 12 defines "the State" for the purposes of Part III (Fundamental Rights). This matters because most fundamental rights can be enforced only against the State.
Definition
Under Article 12, "the State" includes:
- The Government and Parliament of India.
- The Government and the Legislature of each State.
- All local authorities.
- Other authorities within the territory of India, or under the control of the Government of India.
"Other authorities": the tests
The Supreme Court has explained "other authorities" through a series of cases.
| Case | Point decided |
|---|---|
| Rajasthan SEB v. Mohan Lal (1967) | Authorities that have the power to make rules and regulations with the force of law are "other authorities". |
| Sukhdev Singh v. Bhagatram (1975) | Statutory corporations such as ONGC and LIC are "State". |
| R.D. Shetty v. International Airport Authority (1979) | Introduced the idea of an "instrumentality or agency of the State". |
| Ajay Hasia v. Khalid Mujib (1981) | Laid down the main tests for an instrumentality of the State. |
| Pradeep Kumar Biswas v. IICB (2002) | Preferred the test of whether the body is "financially, functionally and administratively dominated by or under the control of the Government". |
Tip for the exam: name the case, state the test in one line, and then apply it to the body in the question.
Conclusion
Article 12 is interpreted widely so that fundamental rights are not avoided by creating bodies at arm's length from the Government.