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Indian Polity

Introduction

Article 12 is a significant provision in the Indian Constitution, as it defines the term "State" for the purpose of enforcing Fundamental Rights under Part III. The rights enshrined in Part III of the Constitution are primarily meant to protect individuals from arbitrary actions by the State, and Article 12 ensures that these protections are applicable to all State organs.

The article clarifies which entities are considered part of the State and are, therefore, bound by the provisions of Fundamental Rights. It is essential for interpreting and understanding the scope and application of Fundamental Rights, as it determines which organizations or bodies can be held accountable for violating citizens' rights.

Text of Article 12

"In this Part, unless the context otherwise requires, the expression 'the State' includes the Government and Parliament of India, the Government and Legislature of each State, and all local or other authorities within the territory of India or under the control of the Government of India."

Meaning of "State" under Article 12

Article 12 defines "the State" broadly, and it includes:

  1. Government of India (Central Government):

    • The Government of India is considered part of the State, which means any actions, policies, or laws made by the Central Government must comply with Fundamental Rights.

  2. State Governments:

    • The Governments of the States (both Legislative and Executive branches) are also part of the State. This includes all actions, laws, and regulations passed by the state legislatures or the actions of the Chief Minister and other State officials.

  3. Parliament and State Legislatures:

    • Article 12 explicitly includes the Parliament of India and the State Legislatures within its definition of the State. Any law or action taken by these bodies that violates Fundamental Rights can be challenged and declared unconstitutional.

  4. Local Authorities:

    • Local authorities include bodies like municipal corporations, municipal councils, panchayats, and other entities created under state law to carry out local governance functions. These authorities, though operating at a local level, are bound by Fundamental Rights.

  5. Other Authorities:

    • The term "other authorities" is a broad inclusion and refers to any public body or government agency that performs functions under the authority of the State. This can include public institutions, boards, commissions, and public sector undertakings.

The crucial aspect of Article 12 is that it extends the application of Fundamental Rights to these entities, making them accountable for any violation of individual rights. However, Article 12 does not extend to private individuals or private institutions, as they are not bound by Fundamental Rights in the same way.

Impact of Article 12 on Fundamental Rights

  1. Enforceability of Fundamental Rights:

    • Article 12 establishes that Fundamental Rights apply to the State and its agencies. This means that if a governmental body, whether at the central, state, or local level, violates a citizen's fundamental rights, the individual can seek remedy in the courts. This enforceability is central to ensuring that no action of the government can go unchecked if it violates human dignity or basic freedoms.

  2. Limits of State Power:

    • Article 12 limits the power of the State by ensuring that its actions are always subject to the Constitution's provisions on fundamental rights. Even when it acts in the public interest, the State is prohibited from taking actions that infringe upon the basic rights of individuals. This includes rights such as equality before the law, freedom of speech, right to life, and right against discrimination.

  3. Judicial Review:

    • By defining the State and making it answerable for violations of Fundamental Rights, Article 12 ensures that judicial review remains an essential tool in protecting individual freedoms. Citizens can challenge unconstitutional laws, orders, and actions by any State institution, making the Judiciary a critical safeguard against abuses of power.

  4. Protection Against Arbitrary State Actions:

    • Article 12 ensures that arbitrary actions of any government body or public authority that violate Fundamental Rights can be contested in a court of law. For instance, if a public sector company or a local authority discriminates against an individual, Article 12 ensures that the victim can approach the court for redressal.

Judicial Interpretations of Article 12

Over the years, the Indian Judiciary has provided critical interpretations of Article 12 to expand its scope and clarify what constitutes "State":

  1. R.D. Shetty v. International Airport Authority (1979):

    • In this case, the Supreme Court expanded the definition of the State by ruling that public sector undertakings (PSUs), like the International Airport Authority, are included within the meaning of "other authorities" under Article 12. This meant that PSUs, though technically corporations, are still bound by Fundamental Rights when performing public duties.

  2. Pradeep Kumar Biswas v. Indian Institute of Chemical Biology (2002):

    • The Supreme Court clarified that for an entity to qualify as a "State" under Article 12, it must be substantially controlled or owned by the Government. If a private organization receives substantial funding or has State involvement in its operations, it may be considered as a State for the purpose of Fundamental Rights.

  3. U.P. State Electricity Board v. Hari Shankar Jain (1978):

    • The Supreme Court ruled that State-run corporations like the U.P. State Electricity Board were subject to judicial review under Article 12, as they function as instrumentalities of the State and are engaged in public services.

  4. T.M.A. Pai Foundation v. State of Karnataka (2002):

    • The Court held that private educational institutions are not covered under Article 12 unless they are substantially funded or controlled by the government. Therefore, private entities that do not have substantial government control are not considered the State under Article 12.

Conclusion

Article 12 plays a fundamental role in ensuring the protection of Fundamental Rights by clearly defining the State and making it accountable for any violation of these rights. By encompassing not only the central and state governments but also local authorities, public sector undertakings, and other authorities, this article ensures that the actions of the State are always subject to scrutiny and constitutional limitations.

It establishes the accountability of the State and its agencies to individuals who seek legal redress for violations of their rights. Through judicial interpretations, the scope of Article 12 has evolved, reinforcing its critical role in safeguarding democracy, individual freedoms, and the rule of law in India.