Article 12 – Definition of State – UPSC Notes

Article 12 of the Indian Constitution defines the term “State” mentioned in the constitution. It includes the Central Government, the Parliament, the State Government, the State Legislature, and some other local authorities which will be considered “States” under the Constitution. In this article, we are going to discuss Article 12 of the Constitution, the definition of State under Article 12, and some major cases raised against Article 12 of the Indian Constitution.

Article 12 of the Indian Constitution

Article 12 of the Constitution is present in the Part III of the Constitution. Part III of the Constitution deals with Fundamental Rights. Article 12 was introduced in the Draft Constitution as Article 7. While initiating a debate on this in the Constituent Assembly, DR. B.R. Ambedkar described the scope of this article as the reason why this article was placed in the chapter on Fundamental rights of the Constitution. Article 12 of the Constitution states that: In this part, unless the context otherwise requires, “The State” includes the Government and the legislature of each of the State and all local or other authorities within the territory or under the control of the Government of India.

‘State’ under Article 12 of the Constitution

Article 12 defines the term “State”. It says that the term “State” includes the following :

• The Government and Parliament of India, i.e. Executive and Legislature of the Union.
• The Government and Legislature of each state, i.e. Executive and Legislature of the State.
• All local and other Authorities within the Territory of India.
• All local and other Authorities are under the control of the Government of India.

‘Other Authorities’ under Article 12 of the Constitution

In Article 12 the expression ‘other authorities’ is used after mentioning a few of them, such as, the government, Parliament of India, the government and legislature of each of the States and all local authorities.

Once a body is characterized as an ‘authority’ under Article 12, several significant incidents invariably follow, viz ;

1. The body becomes subject to the discipline of the Fundamental Rights which means that its actions and decisions can be challenged with reference to the Fundamental Rights.
2. The body also becomes subject to the discipline of Administrative Law.
3. The body becomes subject to the writ jurisdiction of the Supreme Court under Article 32 and that of the High Courts under Article 226.

Public Authority under Article 12 of the Indian Constitution

Public authorities under Article 12 includes :

• Any authority or body of self government constituted under the constitution of India.
• Any authority or body established by an Act of parliament.
• Any authority or body established by an act of State legislature.
• Any authority or body constituted by notification or order made by the government both Central and State which also includes the bodies owned, controlled and substantially financed by the government.
• The non-government organizations which were substantially financed either directly or indirectly by the government.

Case Laws on Article 12 of the Indian Constitution

The following are some of the case laws on Article 12 of Indian Constitution:

Ajit Singh vs State of Punjab

The case of Ajit Singh v. State of Punjab is based on an incident that occurred in a Punjab hamlet in 1955. A group of people attacked the neighbourhood and caused property damage. One of the defendants in the case was Ajit Singh. He was charged with dacoity under Indian Penal Code (IPC) Section 395 and rioting by an unauthorised assembly under IPC Section 149. Ajit Singh was found guilty on both charges and sentenced to prison by the trial court. Ajit Singh filed an appeal with the Punjab and Haryana High Court, but the conviction was upheld. He then filed an appeal with India’s Supreme Court, which gave its ruling in 1966.

Ujjammabai vs State of Uttar Pradesh

In the case of Ujjammabai v. the State of U.P., the court rejected the above restrictive scope and held that the ‘ejusdem generis’ rule could not be resorted to the in interpreting other authorities. The bodies named under Article 12 have no common genus running through them and they cannot be placed in one single category on any rational basis.

Major Cases Raised Against Article 12 of the Indian Constitution

The following are some of the major cases raised against Article 12 of the Indian Constitution:

Rajasthan State Electricity Board v/s Mohanlal in 1967

In this case there was a dispute regarding the promotion between the Rajasthan State Electricity Board and some of the workmen during which Article 14 and Article 16 claims were raised. The main question which raised was if the Board fell under the purview of Part III of the constitution and if can be referred to as “State” under Article 12.

Justification of Court

In the case of Rajasthan Electricity Board v/s Mohanlal the Supreme court laid down the test for determining whether the bodies would come under the ambit of “other authorities”. The court held the following points mentioned below :

• If an authority has the power to issue directions and any offense that is against them is punishable by law.
• If an authority has the power to make rules that shall have a statutory effect.
• If an authority is an agency or instrumentality of state for carrying out such business or trade which otherwise would have been carried out by the state departments, such authorities would come within the ambit of “other authorities” and hence would be considered as “State”.

Sukhdev Singh vs Bhagatram in 1975

In this case of Sukhdev singh vs Bhagatram in 1975, the court had to decide whether Oil and Natural Gas Corporation (ONGC), Life Insurance Corporation of India (LIC) and International Finance Corporation (IFC) would come within the ambit of state under Article 12. It was found that a huge financial support was given to these agencies by the government and also that the Government had a high degree of control in the working of these organizations.

Justification of Court

The court, in this case, followed the test laid down by the court in the case of Rajasthan Electricity Board and these authorities to be “State” as they came within the meaning of “other authorities” under article 12.

Conclusion

Article 12 lies in part III of constitution and it is one of fundamental Article 12 of the Indian Constitution defines the meaning of “State”. It defines which organization lies in category of State. Article 12 extends the applicability of Fundamental Rights to action of not just the central and state governments but also to actions of various other authorities within the territory of India. The definition of Article 12 ensures that Fundamental right can be claimed only against the state.

FAQs on Article 12 of Indian Constitution

1. What is Article 12 called?

Article 12 defines the term State in Part III of the Constitution of India. It says that the term State includes the Government and parliament of India, the Government and legislature of each state, all local and other authorities within the territory of India etc.

2. What is Article 12 of the Constitution of India?

Definition of Article 12 of the Constitution of India : 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.

3. What is the Article 12 case law?

The cases raised in relation with the term “State”, which organizations will be included in definition of “State”.

For Local authorities :

• Mohammad Yasin vs Town Area Committee
• Ajit Singh vs State of Punjab

For Other authorities :

• University of Madras vs Shanta Bai
• Ujjammabai vs State of Uttar Pradesh
• Rajasthan Electricity Board vs Mohan Lal

For instrumentality :

• Sukhdev Singh vs Bhagatram

4. Why is Article 12 included in fundamental rights?

Part III of Indian Constitution include all Fundamental rights. Unlike the other legal rights which are created by the state that confers the right upon the individuals against one another, however the fundamental rights can be claimed only against the state.

5. Does LIC come under Article 12?

Yes, LIC come under definition of state. The bodies like State Electricity Board, LIC, ONGC and IFC also come under other authorities (Article 12).

6. Is Parliament a State under Article 12?

Yes, Parliament is a State under Article 12. The definition of Article 12 clearly mention that Bodies like Parliament, Legislature, executive and Judiciary are State under Article 12.

7. What was the Article 12 of the Constituent Assembly debate?

Members of the Constituent Assembly were concerned that the wording of the Article was too vague and some moved amendments. The Constituent Assembly adopted the Article with just one minor amendment on 25 November 1948.