State : Concept & Article 12 of Constitution of India

What is a State?

Article 12 of the Constitution of India plays a crucial role in defining the scope of fundamental rights by explaining the concept of “State.” It extends beyond the traditional notion of the geographical state to include various governmental bodies and authorities.

In his book ‘The Republic’, Plato mentions that the state is an ideal society headed by the philosopher King. Plato believed that the state was a means of achieving justice and harmony, with citizens organized into three classes, Rulers, Warriors, and Creators.

According to Black Law’s Dictionary, the State is defined as, “the political system of the body of people who are politically organized; the system of rules by which the jurisdiction and the authority are exercised over such a body of people.”

Geeky Takeaways:

• Article 12 defines the scope of “State” under the Indian Constitution, encompassing governmental authorities and entities.
• It extends fundamental rights to actions of entities falling under its definition, ensuring constitutional protection.
• Article 12 is crucial for determining the applicability of fundamental rights to state actions and entities.
• Its interpretation shapes the extent of government accountability and the protection of citizens’ rights in India.

Article 12 of Constitution of India

Article 12 of the Constitution of India defines what constitutes the “State” for Part III and Part IV of the Constitution, which deal with fundamental rights and directive principles of state policy, respectively. According to Article 12, the term “State” includes the following entities:

• The Government and Parliament of India; i.e., the Executive and Legislature of the Union
• The Government and Legislature of each of the States; i.e., Executive and Legislature of the State
• All local authorities within the territory of India
• Other authorities within the territory of India or under the control of the Government of India

This definition is crucial because it determines the scope and applicability of fundamental rights guaranteed by the Constitution, which are enforceable against the State. It ensures that not only the central and state governments but also other entities exercising governmental functions are bound by the fundamental rights enshrined in the Constitution.

Facts about Article 12 of the Constitution of India

What is Article 12 of the Constitution of India?

Article 12 of the Constitution of India provides a crucial definition of the term “State” within the context of the Constitution. This definition encompasses various entities instrumental in governance. It includes the Government and Parliament of India, along with the Governments and Legislatures of each State within the country. Furthermore, all local authorities operating within Indian territory fall under this definition, extending to other authorities within the nation’s borders or under the control of the Indian government. This broad definition is pivotal as it ensures that fundamental rights guaranteed by the Constitution are applicable not only to central and state governments but also to other bodies exercising governmental functions, thus safeguarding the rights of citizens across different levels of governance.

Is Article 12 a Fundamnetal Right under Constitution?

No, Article 12 of the Constitution of India is not a fundamental right itself but rather provides a definition crucial for the interpretation and application of fundamental rights. It defines the term “State” within the context of the Constitution, encompassing various entities instrumental in governance, such as the Government and Parliament of India, the Governments and Legislatures of each State, and local authorities. This definition is essential as it ensures that fundamental rights guaranteed by the Constitution are applicable not only to central and state governments but also to other bodies exercising governmental functions. While Article 12 itself does not confer any fundamental rights, it lays the foundation for the protection and enforcement of fundamental rights by clarifying the scope of governmental authority and responsibility under the Constitution.

Is Judiciary a State under Article 12 of the Constitution?

No, the Judiciary is not explicitly considered a “State” under Article 12 of the Constitution of India. Article 12 defines the term “State” to include the Government and Parliament of India, the Government and Legislatures of each State, and other local or authorities within the territory of India or under the control of Government of India. While the Judiciary is not expressly mentioned in Article 12, it operates as an independent organ of the state tasked with the interpretation and enforcement of laws, including fundamental rights. However, the actions of the Judiciary are subject to the principles of constitutionalism, judicial review, and the protection of fundamental rights, ensuring its accountability and adherence to the constitutional framework. Therefore, while the Judiciary is not explicitly classified as a “State” under Article 12, it plays a crucial role in upholding the rule of law and ensuring the protection of fundamental rights in India.

What is Government?

According to Black Law’s Dictionary, ‘Government’ is defined as “the structure of principles and rules determining how a state or an organization is regulated.”

Difference between State and Government

Basis	State	Government
Definition	The entire territory governed by a set of political institutions and laws.	The group of people and institutions with the authority to make, enforce, and interpret laws within a state.
Composition	Comprises various organs like the Legislature, Executive, and Judiciary.	Consists of elected representatives and administrative officials who run the affairs of the state.
Authority	Exercises sovereign power over its territory and citizens.	Implements laws, policies, and decisions within the framework provided by the state.
Role	Establishes and maintains law and order, enforces laws, and protects the interests of citizens.	Formulates policies, implements programs, and provides services for the welfare of the people.
Accountability	Accountable to the citizens and operates within the framework of the constitution and laws.	Accountable to the state and its citizens, as well as other branches of government and international entities.
Scope of Control	Governs various aspects of public life, including security, justice, education, and healthcare.	Administers specific functions and departments, such as finance, defense, healthcare, and infrastructure.

Concept of State and Article 12 of Constitution of India- FAQs

What is the concept of “State” in the Constitution of India?

In the Constitution of India, the term “State” doesn’t only refer to the geographical territory but also includes governmental authorities. It encompasses institutions like the Legislature, Executive, and Judiciary, which together govern the country.

What does Article 12 of the Constitution say about the State?

Article 12 defines the term “State” for the purposes of fundamental rights. According to Article 12, the term “State” includes the government and Parliament of India, the government and legislature of each state, and all local or other authorities within the territory of India.

What is the significance of Article 12 in the Constitution?

Article 12 is significant because it clarifies who is bound by the fundamental rights guaranteed in the Indian Constitution. It ensures that not only the central and state governments but also other authorities within the territory of India are accountable for upholding the fundamental rights of citizens.

How does Article 12 affect fundamental rights?

Article 12 expands the scope of fundamental rights by making them applicable not only to governmental bodies but also to other entities exercising governmental functions. This ensures that fundamental rights are protected against any abuse or violation by any authority within the territory of India.

What are some examples of entities covered under Article 12?

Entities covered under Article 12 include government departments, public sector undertakings, municipalities, panchayats, and other bodies or authorities performing governmental functions. This ensures that all such bodies are accountable for respecting and upholding the fundamental rights of citizens as enshrined in the Constitution.