ESSENCE OF ARTICLE 12 OF THE INDIAN CONSTITUTION
Article 12 is the introductory Article in Part III of the Constitution of India that entails Fundamental Rights. Though it itself doesn’t grant any substantive right, it serves an important foundational purpose by mentioning the meaning of “the State” for the purpose of applicability of Fundamental Rights. In the absence of a definition for “State” being furnished, it would be ambiguous as against what bodies or authorities the Fundamental Rights will be applicable. Both the Supreme Court as well as the High Courts over the passage of years have extended and clarified the scope of Article 12 by virtue of judicial interpretation. The current paper aims at presenting a discussion over the text, coverage, prime tests and case law, criticisms, and its relevance in modern times in constitutional jurisprudence.
Article 12 of the Indian Constitution
The Article states:
“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.”
This definition is an inclusive one, which means it does not provide an exhaustive list but rather leaves scope for interpretation.
Article 12 defines “State” in the context of Part III. It includes:
The Government and Parliament of India – This refers to the Union executive (President, Council of Ministers, civil servants) and the Union legislature (Lok Sabha and Rajya Sabha).
The Government and Legislature of each State –Includes the State executive (Governor, Chief Minister, state bureaucracy) and State legislatures (Legislative Assemblies and Councils).
All local authorities – Refers to bodies like municipalities, panchayats, district boards, town planning bodies, etc., that perform local governance functions.
Other authorities within the territory of India or under the control of the Government of India .
Judicial Interpretation of “Other Authorities”
The phrase “other authorities” has been the subject of extensive judicial interpretation. The judiciary has adopted a liberal and inclusive approach, expanding the scope of Article 12 beyond conventional government departments.
1. University of Madras v. Shanta Bai (1954)
This was one of the earliest cases interpreting Article 12. The Madras High Court adopted a narrow interpretation, ruling that “other authorities” should be interpreted ejusdem generis (of the same kind), and only include authorities similar to government departments or legislatures.
2. Rajasthan Electricity Board v. Mohan Lal (1967)
The Supreme Court rejected the narrow view in Shanta Bai. It held that “other authorities” includes any authority created by the Constitution or statute, and upon whom powers are conferred to carry out government functions. This marked a shift toward a broader understanding of “State.”
3. Sukhdev Singh v. Bhagatram (1975)
The Court held that statutory corporations like ONGC, LIC, and IFCI were “State” under Article 12, as they were set up under statutes and had governmental functions. The court emphasized the public character and control of such bodies.
4. R.D. Shetty v. International Airport Authority of India (1979)
This was a landmark judgment. The Court laid down the “instrumentality or agency” test, stating that even if an organization is not created by statute, it could still be considered a “State” if:
- It performs public functions.
- It is financially, functionally, or administratively controlled by the government.
- It acts as an instrumentality or agency of the State.
5. Ajay Hasia v. Khalid Mujib Sehravardi (1981)
In this case, the Court provided a comprehensive list of tests to determine whether a body is an instrumentality of the State:
1. Entire share capital held by government
2. Deep and pervasive State control
3. Performs functions of public importance
4. Enjoys monopoly status due to State power
5. Financial aid from the government
These criteria helped courts analyze whether private or semi-private institutions fall under the definition of “State.”
6. Pradeep Kumar Biswas v. Indian Institute of Chemical Biology (2002)
This case reaffirmed and refined the Ajay Hasia principles. The court ruled that CSIR was a “State” under Article 12 because it was heavily funded, controlled, and influenced by the government.
Why Is Article 12 Important?
Article 12 is very important as it explicitly defines the extent by which Fundamental Rights can be enforced. It is important to note that most of these fundamental rights are enforceable in legal cases only when they relate to acts by the State, and they do not apply their enforceability to private individuals or private institutions. A good example illustrating this difference is:
In such a situation if a government hospital refuses the treatment to an individual on the sole ground of caste, this can be challenged legally. This can be a direct violation of Article 15 that embodies the Right against Discrimination in our Constitution.
In the case that a private shopkeeper so behaves, such a behavior could not be put to direct challenge or investigation under Part III of the concerned laws. This can be so only if it can be established that the shopkeeper is in some manner an instrumentality or agency of the State itself.
Consequently, the clarification under Article 12 of the definition of the word “State” becomes extremely pertinent in respect of:
- Secure accountability
- Respect rights under the Constitution
- Enable judicial action on such rights
Comparative Reflections
In many other constitutions, rights are guaranteed against “the State” or “public authorities” but with varying degrees of explicitness. Some constitutions more clearly define the entities bound; others leave it to judicial interpretation. India’s model is somewhere in between: a concise constitutional definition and a rich body of judicial interpretation.
This hybrid model gives constitutional text both clarity (via Article 12) and adaptability (via courts), especially useful in a democracy with evolving institutions.
Conclusion
Article 12 of the Constitution of India acts as a primary threshold for the application of Fundamental Rights. By defining the meaning of “State,” it defines the bodies that owe a constitutional obligation towards the protection of these rights. Over the centuries, the judiciary has played an important role in expanding the scope of this definition so that constitutional protection stays firm under the onslaught of technicalities or changing forms of governments.
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