State under Article 12 and Landmark Cases
State under Article 12 of the Indian Constitution
Text of Article 12:
In this Part, unless the context otherwise requires, "the State" includes the Government and Parliament of India and 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.
Meaning and Scope of "State":
Article 12 defines "State" for the purpose of Part III (Fundamental Rights) of the Constitution.
The term "State" is very wide and inclusive, covering:
The Union Government (Central Government)
The State Governments
Parliament and State Legislatures
Local Authorities (Municipalities, Panchayats, etc.)
Other authorities under the control of the Government of India
The interpretation of “other authorities” has been expanded by the judiciary to include any instrumentality or agency of the government.
Why is the definition important?
Because Fundamental Rights are enforceable only against the State or State actions.
Private individuals or bodies do not usually come under this definition, except in certain situations where the private body performs public functions or is controlled by the State.
Landmark Cases on "State" under Article 12
| Case | Summary/Principle |
|---|---|
| Rajasthan State Electricity Board v. Mohan Lal (1967) | Held that a statutory corporation owned and controlled by the State is a "State" under Article 12. |
| Ajay Hasia v. Khalid Mujib Sehravardi (1981) | Laid down tests to determine whether an entity is a "State" under Article 12: - Whether the entity is established by the government - Whether the government controls the entity - Whether the entity performs public functions |
| Sukhdev Singh v. Bhagat Ram (1975) | Public Corporations owned and controlled by the government are “State.” |
| Pradeep Kumar Biswas v. Indian Institute of Chemical Biology (2002) | Government-funded autonomous bodies are State if government control is overwhelming. |
| Zee Telefilms Ltd. v. Union of India (2005) | Private bodies carrying out public functions may be treated as "State" for Article 12. |
Tests to Determine “State” (from Ajay Hasia case):
Instrumentality/Agency Test:
Is the body an instrumentality or agency of the government?
Control Test:
Does the government have pervasive control over the body?
Function Test:
Does the body perform a public function?
Financial Test:
Is the body financially supported by the government?
Creation Test:
Is the body created by a statute or government notification?
Summary:
| Entity Type | Considered “State”? |
|---|---|
| Central and State Governments | Yes |
| Parliament and State Legislatures | Yes |
| Local Authorities (Municipalities, Panchayats) | Yes |
| Statutory Corporations under government control | Yes |
| Autonomous bodies with government control | Sometimes (case by case) |
| Private bodies | Generally No, unless performing public functions or under control |
Importance:
The wide definition ensures accountability of government and its agencies under Fundamental Rights.
Protects citizens from arbitrary action by the State or State-controlled bodies.
Do write to us if you need any further assistance.
RELATED Blog
0 comments