Article 12: The State

Article 12 of the Constitution of India holds excellent significance in defining the scope and reach of fundamental rights. 

While “State” commonly refers to the government, parliament, and judiciary, Article 12 extends its definition to encompass various authorities and instrumentalities. 

These additional entities play a crucial role in governance and the administration of justice.

Definition of the State

Article 12 broadens the understanding of the State by including the government and parliament of India and several other authorities and instrumentalities. These entities are recognized as part of the State due to their significant involvement in public governance. They include

Government and Parliament of India 

The highest decision-making bodies at the central level, namely the government (executive branch) and the parliament (legislative branch), are considered integral components of the State. They formulate policies, enact laws, and execute governance functions.

State Governments and Legislatures 

Each State in India has its government and legislature, consisting of the Chief Minister, the Council of Ministers, the Vidhan Sabha (Legislative Assembly), and Vidhan Parishad (Legislative Council). These bodies play a vital role in state-level governance and legislation.

Local Authorities 

Local self-governing bodies, such as municipalities, district boards, panchayats, improvement trusts, port trusts, and mining settlement boards, are included under Article 12. These entities are responsible for grassroots governance and addressing local needs and concerns.

Other Authorities 

Article 12 extends its scope to include various other authorities within the territory of India or under the control of the government. This category comprises bodies and institutions that hold significant powers and functions related to governance and public administration.

Over the years, the judiciary has clarified and elaborated on the “other authorities” scope included in Article 12. In landmark cases, specific tests have been established to determine whether a particular body or institution falls within the ambit of the State:

• Financial Resources: The reliance on the State’s financial resources, where the government is the primary funding source, is crucial in determining whether an entity can be considered part of the State.
• Control: Deep and pervasive control exerted by the State over a particular entity indicates its inclusion under Article 12.
• Functional Character: If the functions performed by an entity are governmental or have significant public importance, it strengthens the argument for its classification as part of the State.
• Department Transfer: When a government department is transferred to a separate corporation or entity, it retains its character as part of the State.
• Monopoly Status: If a body enjoys a monopoly status conferred or protected by the State, it will likely be considered part of the State.