KSLU Law Notes

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:

  1. The Government and Parliament of India.
  2. The Government and the Legislature of each State.
  3. All local authorities.
  4. 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.