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Question

Which of the following is NOT included in the definition of 'State' under Article 12 of the Constitution of India ?

The correct answer is
Private Schools

Understanding Article 12: Definition of 'State'

Article 12 of the Constitution of India defines the term 'State'. This definition is crucial as it determines which bodies are subject to the fundamental rights guaranteed under Part III of the Constitution.

Entities Included in 'State' under Article 12

The definition of 'State' under Article 12 broadly includes:

  • The Government and Parliament of India (Government of India).
  • The Government and the Legislature of each State (Government of States).
  • All local or other authorities within the territory of India or under the control of the Government of India. This covers bodies like Municipal Authorities, Panchayats, etc.

Exclusion from the Definition

The entities listed in Article 12 are primarily governmental and statutory bodies exercising public functions. Private entities, such as Private Schools, are generally not considered 'State' under Article 12 unless they are established, run, or funded by the government, or are performing functions that are essentially governmental in nature and possess statutory powers.

In the context of the provided options, while governmental bodies and local authorities fall under the definition, private schools, as standalone private institutions, are typically excluded unless specific circumstances bring them under governmental control or delegate state functions to them.

Therefore, Private Schools are not inherently included in the definition of 'State' under Article 12.

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