File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Article 12 of The Constitution of India, 1950

PART-III of Indian Constitution Act, 1950 includes the fundamental rights of the citizen of India. Article 12 primary give us the definition of the State. Fundamental rights are challenged only against the State not against the private entities. These rights are also known as rights against the state.

Article 12 of Indian Constitution states that:

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 State and all local or other authorities within the territory of India or under the control of the Government of India.

The main component of article 12 which are included in term State are:

  1. Government & Parliament of India
  2. Government & Legislature of States
  3. Local Authorities
  4. Other Authorities

Government & Parliament of India:

It includes the Central Government of India, Rajya Sabha, Lok Sabha & President of India.

Government & Legislature of States:
It included the State Government of any state of India, State Legislative assembly, State Legislative Council & Governor of the State.

Local authorities:
According to General Clause Act, 1897 'local authorities' includes the municipalities, panchayats, district board, legal entitled by the government, mining settlement authorities. The meaning of local government is also given in List II, Entry no. 5 of VII Schedule.

In Mohammad Yasin vs. The Town Area Committee, Jalalabad and Ors.[1], it was held that the bye-laws made by committee come under the State which was infringing the rights of the petitioner and subsequently the respondent must pay the cost to the petitioner. The petitioner is free to trade as a wholesaler.

Other Authorities:
This is the most ambiguous part of this article. There are many tests which originated with passage of time. As 'other authorities' is neither defined in Constitution of India, 1950 nor in General Clause Act, 1897.

In University of Madras v. Shanta Bai [2], a new principle was evolved which was 'ejusdem generis' which means 'of like nature'. Through this principle whosoever be performing the governmental function will be under the umbrella of 'other authorities'.
  1. Creation Test:
    In the case of Electric Board of Rajasthan v. Mohan Lal [3], it was held that a body or department formed by the virtue of any statute or by the Constitution, then it will be covering the term 'other authorities'. This case till some extent declines the principle of ejusdem generis.

    For example: CBI is established under DSPE Act, 1946.
  2. Instrumentality Test:
    In the case of Ajay Hasia v. Khalid Mujeeb [4], it was held by the court that Society established under Societies Registration Act, 1898 will come under other authorities.
    If either the condition is fulfilled then it will fall under the term State:
  1. Entire share capital is held by the Government
  2. Financial assistance provided is that it meets almost entire expenditure of the corporation.
  3. Is the corporation is enjoying monopoly either by state conferred or by state protected.
  4. Deep and pervasive control of State which indicates that corporation is a state agency.
  5. The function of the corporation is in public interest and closely related to governmental function.
  6. Any corporation is formed by breaking down of any of the department.

In AISSF Association v. Defense Minister-cum-Chairman, B.O.G.S.S. Society[5], it was held that Sainik School Society fall under the term State as entire funding of it was done by State Government and Central Government.

In case of Central Inland Water transport Corporation v. Brojo Nath Ganguly [6], the court held that it was wholly owned by the Central Government by applying the above test.

In case of General Manager, Kisan Sakhari Chini Mills Ltd., Sultanpur, U.P. v. Satrughan Nishan [7], it was held that this corporation is not included in State as it only holds 50% share in the company. Expenditure of the mill was also not met by government. And also there was no deep and pervasive control over the mill.

Functionality Test:
In Zee Telefilms & Ors. v. Union of India [8], it was held if private body perform public function that is amenable under article 226 of the constitution even though private body is not included in meaning of article 12 of the constitution. The reason behind that BCCI is not liable because of the 'floodgates' principle.

Does the word State include Judiciary?
In case of A.R.Antulay v. R.S.Nayak[9], it was held that the term 'State' under article 12 of the Constitution of India, 1950 includes judiciary too but cant issue any order or issue.

Book Referred:
  1. AIR 1952 SC 115
  2. AIR 1954 Mad. 67
  3. AIR 1967 SC 1857
  4. AIR 1981 SC 487
  5. AIR 1989 SC 88
  6. 1986 3 SCC 156
  7. AIR 2003 SC 4531
  8. AIR 2005 SC 2677
  9. AIR 1988 SC 1531
    J.N.Pandey (55th Edition) 

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers



Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


LawArticles

Section 482 CrPc - Quashing Of FIR: Guid...

Titile

The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of th...

How To File For Mutual Divorce In Delhi

Titile

How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Whether Caveat Application is legally pe...

Titile

Whether in a criminal proceeding a Caveat Application is legally permissible to be filed as pro...

The Factories Act,1948

Titile

There has been rise of large scale factory/ industry in India in the later half of nineteenth ce...

Constitution of India-Freedom of speech ...

Titile

Explain The Right To Freedom of Speech and Expression Under The Article 19 With The Help of Dec...

Copyright: An important element of Intel...

Titile

The Intellectual Property Rights (IPR) has its own economic value when it puts into any market ...

Lawyers Registration
Lawyers Membership - Get Clients Online


File caveat In Supreme Court Instantly