ARTICLE 12: STATE

ARTICLE 12: STATE

Fundamental Rights represent basic values cherished by people since Vedic time; protect dignity of India. – Maneka Gandhi v. Union of India, 1976

INTRODUCTION

Fundamental rights are those group of rights which are guaranteed to all the individual of the country by the constitution of India, which is provided under Part III.

Mainly the fundamental rights are provided to the individuals against state and its agents and instrumentalities.

MEANING OF STATE

Article 12 of the Indian Constitution defines State,

“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 other words we can explain that, State is –

1. Government and parliament of India,

2. Government and legislature of each state,

3. Local Authorities, and

4. Other Authorities.

Here, Local Authorities are defined under Section 3(31) of the General Clauses Act, 1897, which states that, Local authority shall mean a Municipal Committee, District Board, Body of Part Commissioner or other authority legally entitled to or entrusted by the government with the control or management of a municipal or local fund.

Here, Indian Constitution did not define other authorities anywhere, which creates many disputes regarding what comes under other authorities or what not.

So now let’s discuss about other authorities with the relevant case laws.

Here, the first case we will discuss is University of Madras v. Shanta Bai, 1954, in this case the question arises is whether University of Madras is state or not. As University of Madras was established under the university act, so here the Madras High Court stated the concept of ‘ejusdem generis’, which means of the same kind, for eg. Car, bus, bike, scooter, etc. It clearly states that only those authorities will comes under the expression ‘other authorities’ which perform governmental or sovereign functions.

Another case is Ujjam Bai v. State of U.P., 1962 SC, in this case Supreme Court rejected the concept of ejusdem generis’, here court states that the area of ejusdem generis’ is very restrictive and in the government of India, government of state and in local authority there is no such common genus.

In, Electricity Board of Rajasthan v. Mohan Lal, 1967, in this case Supreme Court formulates a new criteria for other authorities, in this case it was stated that if any body is created under any law or constitution, in this it is obvious that their powers are conferred by the state and those powers can affect the fundamental rights of the citizens, so on this basis these bodies are qualified to considered as other authorities. And here it is also states that, it is not necessary that such statutory authority should be engaged in performing government functions.

In the case, Sukhdev Singh v. Bhagat Ram, 1975, in this case the question arises that if any authority which is established for commercial purpose but it is established under any statute. Will it comes under other authorities?

In this case court held that any body which is constituted under any special statute will comes under other authorities.

In the case, R.D. Shetty v. The International Airport Authority of India, 1979, in this case, the court held that the International Airport Authority is a statutory body created under the statute. And also court gave some points to determine whether the body is a State or not, and these points are –

1. The entire share capital is held by government.

2. Deep and pervasive control of government.

3. A department of government transferred to corporation

4. Enjoys monopoly status which state conferred or is protected by it.

5. The function of public are of public importance and closely related to governmental purpose.

6. Where the financial assistance of the state is so much as to meet almost entire expenditure of the corporation.

In the case Ajai Hasia v. Khalid Mujib, the court held that determining test did not gives the compulsion that the body should be made by any statute or law, if any body works as a instrumentalities or agencies that body will also consider as a state.

CONCLUSION

Article 12 of the Indian Constitution defines what is “State” for the purposes of fundamental rights. It includes the government and Parliament of India, state legislatures, and all local or other authorities within the territory of India or under the control of the Government of India. This broad definition ensures that fundamental rights are enforceable not only against the central and state governments but also against other entities exercising governmental functions. Thus, Article 12 plays a crucial role in safeguarding individual liberties and ensuring accountability acro

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