Article 12 of the Indian Constitution: Definition of ‘State’

Introduction

Article 12 of the Indian Constitution provides the definition of ‘State’ for the purpose of Fundamental Rights under Part III of the Constitution. It clarifies which entities fall under the jurisdiction of constitutional rights and duties, ensuring that individuals can seek remedies against any violation of their Fundamental Rights by the State.

This article is crucial because Fundamental Rights are enforceable against the State, not private individuals, unless specified otherwise.

---

Text of Article 12

Definition of the State:

"In this Part, unless the context otherwise requires, 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."

---

Key Features of Article 12

1. Specifies the Meaning of 'State'

• Article 12 does not define ‘State’ in general terms, but only for the enforcement of Fundamental Rights (Part III).
• It includes the executive, legislature, local authorities, and statutory bodies.

2. Ensures Fundamental Rights Are Enforceable Against the State

• Citizens can approach the courts (under Articles 32 and 226) if the State violates their Fundamental Rights.
• Example: If a government university denies admission unfairly, the affected student can file a case under Article 12.

3. Expands the Scope of ‘State’ to Other Authorities

• The judiciary has interpreted Article 12 broadly to include government-controlled institutions, corporations, and public sector undertakings (PSUs).

---

Components of the ‘State’ Under Article 12

Component	Explanation	Examples
Government & Parliament of India	Includes Union Government (executive) and Parliament (legislature).	Prime Minister’s Office, Lok Sabha, Rajya Sabha, Ministries.
Government & Legislature of Each State	Includes State Governments and their Legislative Assemblies/Councils.	Chief Minister’s Office, State Legislative Assembly.
Local Authorities	Includes municipalities, panchayats, district boards, and other local self-governing bodies.	Municipal Corporations, Gram Panchayats, Zila Parishads.
Other Authorities	Includes statutory bodies, public sector enterprises, and government-controlled institutions.	LIC, ONGC, UGC, State Electricity Boards, IITs, AIIMS.

---

Judicial Interpretation of ‘Other Authorities’

The Supreme Court has expanded the definition of ‘State’ over the years through landmark judgments:

1. University of Madras v. Shanta Bai (1954)

• The Madras High Court ruled that universities are not ‘State’ under Article 12 because they are autonomous.

2. Rajasthan Electricity Board v. Mohan Lal (1967)

• The Supreme Court expanded the definition of ‘State’ to include government-controlled corporations and statutory bodies.

3. Sukhdev Singh v. Bhagatram (1975)

• Public corporations like LIC, ONGC, and IFCI were declared ‘State’ as they performed governmental functions.

4. Ajay Hasia v. Khalid Mujib (1981)

• A test was introduced:
  • If an institution is financially, functionally, or administratively controlled by the government, it is part of the ‘State’.
  • Example: Government-aided universities and colleges are covered under Article 12.

5. Zee Telefilms v. Union of India (2005)

• The Board of Control for Cricket in India (BCCI) was not considered ‘State’, as it was a private autonomous body.

---

Why Is Article 12 Important?

1. Protection of Fundamental Rights

• It allows citizens to challenge government actions that violate their Fundamental Rights.

2. Ensures Government Accountability

• Government bodies cannot act arbitrarily as their actions are subject to judicial review.

3. Expands the Scope of Justice

• It ensures that public sector bodies and institutions follow constitutional principles.

4. Prevents Abuse of Power

• Any unfair treatment by government institutions can be challenged in court.

---

Limitations of Article 12

1. Private Entities Are Not Covered

• Private companies and individuals do not fall under ‘State’, except in special circumstances.

2. Complex Interpretation

• Courts have varied in their interpretation of ‘State’ in different cases, leading to legal uncertainty.

3. Exclusion of Certain Autonomous Bodies

• Some autonomous sports bodies, NGOs, and private universities remain outside the definition of ‘State’, making it difficult to enforce Fundamental Rights against them.

---

Conclusion

Article 12 of the Indian Constitution is the foundation of Fundamental Rights enforcement. It defines ‘State’ to include government bodies, legislatures, local authorities, and other authorities performing government functions.

Through judicial interpretation, the scope of ‘State’ has been expanded to cover statutory bodies, government enterprises, and institutions funded by the government. However, private entities remain outside its scope, which sometimes limits the enforcement of Fundamental Rights.

Understanding Article 12 is essential for ensuring that government authorities respect and uphold the rights of citizens under the Constitution.