Actual Article
Article 12: Definition
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.
UPSC Notes for Article 12
Explanation:
- Scope of “the State”: Article 12 defines “the State” for the purposes of Part III of the Constitution, which deals with Fundamental Rights.
- Inclusion of Authorities: The term “the State” encompasses the Government and Parliament of India, the Government and Legislature of each State, and all local or other authorities within India or under the control of the Government of India.
Key Points:
- Government Bodies: Includes central and state governments and legislatures, ensuring that all actions of these bodies are subject to the Fundamental Rights.
- Local Authorities: Encompasses municipal corporations, panchayats, and other local governing bodies.
- Other Authorities: Extends to statutory bodies, public sector undertakings, and any organization that exercises governmental functions.
Important Cases and Commissions Related to Article 12
Cases:
- Rajasthan State Electricity Board vs. Mohan Lal (1967): Expanded the definition of “the State” to include statutory and non-statutory authorities that are instrumentalities of the government.
- Sukhdev Singh vs. Bhagatram Sardar Singh Raghuvanshi (1975): Held that statutory corporations performing commercial activities are “the State” under Article 12.
- Ajay Hasia vs. Khalid Mujib Sehravardi (1981): Provided criteria to determine whether an entity is “the State,” emphasizing governmental control and functions.
Commissions:
- Sarkaria Commission (1983): Reviewed the relationship between the central and state governments, relevant to understanding the scope of “the State.”
- Punchhi Commission (2007): Examined center-state relations, including the role and responsibilities of various government bodies defined as “the State.”
Important Reports Related to Article 12
- National Commission to Review the Working of the Constitution (2002): Analyzed the scope and implications of Article 12, suggesting clarifications and updates to the definition of “the State.”
- Second Administrative Reforms Commission Report (2006): Addressed the functioning of public sector undertakings and statutory bodies, emphasizing their role as “the State.”
Anything Important Left Related to Article 12:
- Impact on Fundamental Rights: Article 12’s definition of “the State” is crucial because it delineates which bodies are bound by the Fundamental Rights enshrined in Part III of the Constitution. This ensures that citizens can enforce their rights against these bodies.
- Judicial Interpretation: Courts have consistently interpreted “the State” broadly to ensure that a wide range of governmental and quasi-governmental bodies are held accountable for upholding Fundamental Rights.
- Dynamic Nature: The definition of “the State” can evolve with changing governance structures, ensuring that new forms of governmental authorities remain accountable.
By understanding Article 12, UPSC aspirants can appreciate the foundational concept of “the State” within the Indian constitutional framework. This knowledge is essential for both preliminary and main examinations, providing insights into how Fundamental Rights are applied and enforced against various government entities.