Article 12 of Indian Constitution

Article 12 of the Indian Constitution is a significant provision of the Indian Constitution that defines “State”. According to Article 12, the “State” includes the Central Government, State Government, Statutory and Non-Statutory Authorities, Parliament, and State Legislatures. The Indian Constitution uses “state” 511 times and “states” 342 times, with a uniform definition provided in Article 12.

In this Article, We have discussed Article 12 of the Indian Constitution in Detail.

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Article 12 of Indian Constitution

Article 12 of the Indian Constitution

Article 12 of the Indian Constitution is a crucial provision that defines the scope and applicability of the term “State” as used in the Constitution. It lays the foundation for understanding the fundamental rights granted to individuals and the entities against which these rights can be enforced. Article 12 is part of Part III of the Constitution, which deals with Fundamental Rights. The Indian Constitution uses “state” 511 times and “states” 342 times, with a uniform definition provided in Article 12.

Here is the 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 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.

In essence, Article 12 provides an expansive definition of the term “State.” It clarifies that, for the purposes of Part III of the Constitution, the term “State” is not limited to the executive branch of the central and state governments but also extends to other entities. The inclusion of various authorities within the definition ensures that fundamental rights are not only applicable to actions of the government but also to actions of other entities that exercise significant governmental power.

The key components included in the definition of “State” in Article 12 are:

1. Government and Parliament of India:
   • This refers to the executive and legislative branches of the central government.
2. Government and Legislature of each State:
   • This includes the executive and legislative branches of each state government.
3. Local or other authorities:
   • This encompasses entities, whether governmental or non-governmental, that perform public functions or exercises governmental powers within the territory of India or under the control of the Government of India.

Article 12 of Indian Constitution Purpose and Need

Fundamental rights are a group of rights which are guaranteed to all the citizens of the nation by the Constitution of India. These rights are claimed against the state and its intrumentalities. This is why it became important to define state so that the responsibility could be placed upon it.

The Purpose of the state is to establish a welfare society, which means a state which ensures the basic security of its citizens. This is why it became important to define state so that the fundamental rights guaranteed by the Indian Constitution could be enforced.

Important Judgments Under Article 12

Here are some important cases under the Article 12 as mentioned below:

• Ajit Singh vs State of Punjab: In the final judgement of the case, it was held that the Village panchayat would also be considered local authority and therefore be considered state.
• Muhammad Yasin Vs Town Area Committee: The Supreme Court held that to be considered as a ‘local authority’ the authority concerned must have a separate legal existence, be legally independent entity, function in a defined area, have a certain degree of autonomy, be elected the the local inhabitants of the area.
• Rajasthan Electricity board vs Mohan Lal: Supreme Court held that ‘other authority’ would comprise of authorities created by the Constitution or statute on whom powers are confered by law.
• Ramana Dayaram Shetty Vs International Airport Authority of India and Ors (1979): Supreme Court held the judgement that any corporation acting as agents or Intrumentalities of the government would be understood as ‘other authority’ under Article 12.

Importance Of Sanjaya Bahel v. Union of India and Others Case

In Sanjaya Bahel v. Union of India and Others, Delhi High court gave the judgement that United Nations is not a “State” within the meaning of Article 12 of the Constitution of India. Delhi High court held that United Nations, an international body, could not be treated as an agency or instrumentality of the government.

• Clarified definition of “State” under Article 12 in the Indian Constitution.
• Extended fundamental rights to private entities performing public functions.
• Introduced the “public function” test for determining State classification.
• Emphasized accountability of private entities in upholding constitutional values.
• Addressed evasion of constitutional obligations by the State through indirect means.
• Balanced protection of individual rights with the role of private entities in public service delivery.

Why Article 12 Is Not Considered As a Fundamental Right?

Article 12 is not considered as a fundamental right because it defines “state”, its agencies and instrumentalities against whom the fundamental rights covered by Article 14 to 35 can be enforced. Since the state has been given power and authority, citizens must be protected by the Constitution from the actions of the state. A precise definition of the state must be provided to ensure the protection of the citizens. This is what Article 12 does, it provides what all comes under the purview of state, its agencies and intrumentalities so that the rights of the citizens could be safeguarded and protected.

• Article 12 of the Indian Constitution defines the term “State” but is not a fundamental right itself.
• It lays the groundwork for the scope of fundamental rights by elucidating the entities to which these rights apply.
• Article 12 serves as a tool for interpretation rather than conferring direct rights.

Importance of Article 12

Article 12 is an important provision, as it defines the term “state”. It lays down the entities that come under its purview. It defines what could be and could not be considered agencies and intrumentalities of the government. It provides a clear idea on who can be held accountable for violating fundamental rights given to the citizens of India by the Constitution.

• Article 12 provides a foundational definition of “State” in the Indian Constitution.
• Serves as the gateway for the application of fundamental rights to diverse entities.
• Extends constitutional accountability to private entities engaged in public functions.
• Introduces the crucial “public function” test for determining state-like attributes.
• Acts as a safeguard against the State evading obligations through private entity delegation.
• Contributes to balancing individual rights with the evolving role of private entities in public services.

Article 12 of Indian Constitution: Important Facts

Here are some important facts of Article 12:

• Article 12 was first introduced as the Article 7 of the draft Constitution.
• It was adopted on November 25, 1948
• Although Judiciary is an organ of the state like legislature and the executive, it is not specifically mentioned in Article 12.
• Supreme Court holds that any private body or an agency acting as an instrument of the state will be included in the definition of the state under Article 12.
• Article 12 is not a fundamental right, but it does safeguard the fundamental rights granted to the Indian citizens by the Constitution of India.

Related links:

6 Fundamental Rights of India Constitution

Important Articles of the Indian Constitution – Part 1

FAQs on Article 12 of Indian Constitution

What is Article 12 of Indian Constitution?

The Article 12 defines the meaning of the term “state” in the Constitution of India.

When was Article 12 adopted?

Article 12 was adopted by the assembly on November 25, 1948.

What does a state includes?

State, according to the Article 12, includes: The Central government, the state government, the Parliament, local legislatures, local authorities, and other authorities.

What is a local authority?

Local authority is an authority that carries public functions, such as panchayat, municipalities, district boards, etc.

What was Article 12 first introduced as?

Article 12 was first introduced as Article 7 in the draft Constitution by the drafting committee.

Is Article 12 a fundamental right?

Although Article 12 itself is not a fundamental right, it defines the term “state” for the fundamental rights that are entailed in the Article 14-35.

Is Judiciary a State under Article 12?

The Judiciary is not specifically metioned as “state” in the Article 12 , as it is considered to be capable of acting against the fundamental rights if it were to fall under the purview of Article 12. Whether it can be described as state or not depends on the type of functions carried out the the courts. While exercising the rule making powers, the judiciary can be understood as state, but while performing its judicial functions, it is not so included.