Definition of State (Article 12) mentioned in the Indian Constitution helps to enforce rights against the state and provide remedies in the event of such infringements. It means that any action taken by the government or its agencies that violate citizens' fundamental rights protected by Part III of the Constitution can be challenged in Constitutional Courts as a violation of "State" as defined by Article 12 of the Indian Constitution. This article explains the Definition of State (Article 12) which is important for UPSC Indian Polity Preparation.

Definition of State under Article 12

• The term "State" has been used in various provisions relating to fundamental rights. As a result, Article 12 defines the term for the purposes of Part III. It incorporates
  • The Government and Parliament of India (both executive and legislative part of the Union);
  • The Government and legislative of states (both executive and legislative of each of the state);
  • All local authorities within the territory of India; and
  • All other authorities under the control of the Government of India. (both statutory or non-statutory authorities like LIC, ONGC, SAIL, etc.).
• According to the Supreme Court, a private body or agency acting as an instrument of the State is included in the definition of the "State" under Article 12.

Key Terms

Union Government and Parliament

It indicates that both the legislative and executive branches of the "Union government" are covered under Article 12's definition of the state.

1) The President, Lok Sabha, and Rajya Sabha are the two houses of Parliament that make up the Union's legislative organ.

If "Parliament" passes a law that is incompatible with the fundamental rights provided by Part III of the Constitution, the state might be sued in the Indian Constitutional Courts.

2) The "Central Government of India," which includes the President of India, the Prime Minister, Union Ministers, and all other ministries and departments of the Central Government, is referred to as the "Executive of the Union."

• If the central government takes any action that violates fundamental rights, the government can be sued under Article 12 of the Constitution.
• If the President's "Ordinance" is incompatible with fundamental rights, it can be challenged against the state under the concept of state.

State Government and Legislature

It means that both the legislative and executive branches of the "State government" are covered by the definition of "State” under Article 12.

• "State Legislative Assembly" and "Legislative Council" are two examples of a state's legislative organ. If the legislative assembly passes a law that violates our fundamental rights as protected by Part III of the Constitution, the State can be sued in the High Court or the Supreme Court of India.
• The State Government of a specific state within the territory of India - Governor, Chief Minister, and all other ministries and departments of the State Government – is the executive organ of a state.
• If the state government takes any action that violates fundamental rights, the government can be sued under Article 12 of the Constitution.
• If an ordinance adopted by the Governor violates fundamental rights, it can be challenged against the state under the definition of the state.

Other Important terms

The territory of India

The definition of India's territory can be deduced from Article 1 (3) of the Indian Constitution, which stipulates that India's territory will consist of the following:

• The territories of the States;
• The Union territories mentioned in the First Schedule; and
• Such other territories may be acquired.

Local Authorities

The local authority has not been defined precisely in any act for the purposes of "State."

Local authorities have been interpreted by the Supreme Court in various case laws, and a guideline has been established to determine the legitimacy of local authorities as a definition of state under Article 12. For the purposes of this definition, the term "local authority" relates to Section 3 (31) of the General Clauses Act of 1897.

Whether “State” includes the judiciary or not

The judiciary is not clearly specified in the Constitution as falling under the definition of the state. However, the Supreme Court has interpreted its findings on the scope of power for the judiciary in a number of cases.

• In Ujjam Bai v. the State of UP, the Supreme Court ruled that the quasi-judicial authority's error of law or fact may only be challenged through an appeal.
• In Prem Chand v Exercise Commissioner, H.P., the Supreme Court, in considering the Supreme Court's rule-making power under Article 145, found that the rules made under Article 145 are in the exercise of a delegated power of delegation and that the power could not be exercised in such a way as to harm basic rights.

Control of the Government

• According to Article 12, control of the government does not necessarily imply that the body must be completely directed by the government.
• It simply means that the government must have some control over how the body operates.
• Simply because a body is statutory does not imply that it is 'State.'
• Both statutory and non-statutory bodies can be considered a 'State' if they receive financial resources from the government and the government has extensive control over them.
• For example, the state includes ONGC, and Electricity Boards, but excludes NCERT because it is neither substantially financed by the government nor subject to government control.

Related Supreme Court Judgements

• The Supreme Court observed in Ujjain Bai v. State of Uttar Pradesh that Article 12 concludes the list of authorities falling within the definition by referring to "other authorities" within India's territory that cannot be read as "of or of the same kind" with either the Government, the Legislature, or local authorities.
• Airport Authority of India v. R.D Shetty – Justice P.N. Bhagwati proposed five elements to determine if the 'body' in the news is necessary to be designated the 'State' under Article 12 or not.
• If the Government of India owns the entire common capital of the 'Body,' it is referred to as a 'State.'

Conclusion

The Indian Constitution not only grants citizens fundamental rights but also makes it the state's responsibility to ensure that such rights are respected. Through its interpretations, the court has expanded the definition of "state" to include a number of statutory and non-statutory organizations. The requirement to identify what constitutes a state is to allocate the party who will be responsible for carrying out such a right. Not only that, but the definition of state under Article 12 contains several words with ambiguous meanings, such as local authorities, government control, other authorities, and so on, and as seen in the preceding sections, the courts have described the scope of the article by establishing a test and debating the meaning of the terms.

FAQs 

Q1: What is Article 12 of the Indian Constitution?

Q2: What entities are considered 'State' under Article 12?

Q3: What is the significance of Article 12?

Q4: Does Article 12 apply to private bodies?

Q5: What is the difference between Article 12 and Article 13?

MCQs

1. Which of the following entities is included under the definition of "State" under Article 12 of the Indian Constitution?

A) The Government of India

B) Local Authorities

C) State Governments

D) All of the above

2. Article 12 of the Indian Constitution primarily deals with?

A) Fundamental Duties

B) Definition of 'State'

C) Fundamental Rights

D) Distribution of legislative powers

3. Which of the following is NOT considered a 'State' under Article 12?

A) The Union Government

B) The Judiciary

C) A private company

D) A municipal corporation

4. Under Article 12, which of the following entities is empowered to enforce fundamental rights?

A) Courts

B) State Governments

C) Executive

D) All of the above

5. The inclusion of 'State' in Article 12 helps in protecting fundamental rights by:

A) Defining the entities against which rights can be enforced

B) Providing for the protection of state sovereignty

C) Limiting the powers of state authorities

D) Ensuring the autonomy of the legislature

GS Mains Questions and Model Answers

Q1: Explain the significance of Article 12 in protecting the fundamental rights of citizens.

Answer: Article 12 is crucial for defining the entities against which fundamental rights can be enforced. By explicitly describing the "State," it ensures that citizens can approach courts for redressal when public authorities violate their rights. This provision plays a foundational role in maintaining the rule of law and protecting individuals from arbitrary actions by government bodies. It clarifies that only governmental bodies or authorities exercising state-like functions are bound by fundamental rights.

Q2: Discuss the scope of the term 'State' under Article 12 of the Indian Constitution.

Answer: The term 'State' under Article 12 includes not only the government of India but also the Parliament, State Legislatures, local authorities, and any other statutory bodies. These entities are accountable for ensuring the protection of fundamental rights. The inclusion of these bodies allows citizens to approach courts in case of violations of their rights, thus reinforcing democratic accountability and governance under constitutional norms.

Q3: How does the definition of 'State' under Article 12 impact the enforcement of fundamental rights in India?

Answer: The definition of 'State' under Article 12 impacts the enforcement of fundamental rights by providing a clear delineation of who can be held accountable for violations. It ensures that all public authorities, including the judiciary and local bodies, are subject to judicial review. This makes fundamental rights enforceable not just against the central or state governments but also against entities that carry out functions similar to that of the government.  

Previous Year Questions on  Definition Of State

1. UPSC CSE Prelims 2017

Question: Which of the following is true about the definition of 'State' under Article 12 of the Indian Constitution?

a) It includes the Union Government, the State Governments, and local authorities.

b) It includes only the Union Government and the State Governments.

c) It includes only local authorities.

d) It includes private individuals.

Answer: a) It includes the Union Government, the State Governments, and local authorities.

Explanation: As per Article 12, the term "State" refers to the Union Government, State Governments, local authorities, and other entities exercising governmental powers. This broad definition ensures that citizens can seek judicial relief against any governmental action or policy.

2. UPSC CSE Mains 2016

Question: Article 12 of the Constitution of India defines the term 'State.' Discuss its scope and relevance in the context of fundamental rights.

Answer: Article 12 defines the term 'State' to include the Government of India, State Governments, local authorities, and other statutory bodies. This broad definition ensures that fundamental rights are enforceable against any entity that exercises state-like powers. The scope of 'State' under Article 12 is critical because it ensures that citizens can seek judicial intervention when their fundamental rights are infringed by any governmental body, thus enhancing accountability and transparency in governance.

*email: contactus@prepp.in