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Article 12 – Definition of the "State" | Fundamental Rights

Amith

Article 12 – Definition of the "State" (Part III: Fundamental Rights)

🔑 Why Article 12 is Important?

  • It tells us who can be challenged in court if Fundamental Rights are violated.

  • So, knowing what is meant by “State” is the first step before applying Fundamental Rights.

📜 Text of Article 12 (Simplified)

"The State includes:

  • Government & Parliament of India

  • Government & Legislature of each State

  • All local or other authorities within India

  • All authorities under control of the Government of India, even if they are outside India."

✅ Example 1:

🔹 Situation:

A municipality makes a rule that street vendors from a particular caste are not allowed to set up stalls.

❌ Why it’s Wrong:

  • This is discrimination based on caste.

  • Violates Article 14 (Equality before Law) and Article 15 (Prohibition of discrimination).

🔍 Who Made the Rule?

  • A Municipality → This is a "Local Authority" → Covered under “State” in Article 12.

✅ What You Can Do:

  • You can go to High Court (Article 226) or Supreme Court (Article 32) and say:

    “My Fundamental Rights have been violated by the State.”

❌ Example 2:

🔹 Situation:

A private coaching institute expels a student for supporting a political party.

❌ Why You Can’t Directly File FR Case:

  • That institute is not “State” under Article 12.

  • So, even if it feels unfair, you can’t file a writ for Fundamental Rights.

  • You can still file a civil case, but not under FRs.

  • A private body is not “State” under Article 12 (unless it performs public functions under govt control)

  • ❌ You cannot directly use Fundamental Rights to challenge it in court

  • ✅ You may file a civil case, but not a writ under Article 32 or 226 for FRs

 

🧩 1. What is meant by “State” in Article 12?

The term “State” does not mean only government, but includes many types of bodies.

INCLUDED IN “STATE” EXAMPLES
🏛️ Union Government President, PM, Parliament, Central Ministries
🏛️ State Governments CM, Governor, State Legislature, State Depts.
🏙️ Local Authorities Municipalities, Panchayats, Zilla Parishads
🛂 Other Authorities LIC, ONGC, UGC, even private bodies doing govt work
🌍 Authorities under GoI control (outside India) UN Trusteeship territory under Indian control

🔍 2. What does “Authority” mean?

It means any body that has the power to make or enforce laws, rules, regulations etc., like a government.

Example:

  • UGC issues regulations → UGC is “State”.

  • Municipality makes bye-laws → It is “State”.

🏢 3. What are Local Authorities?

Local Authority = Local self-governments.

Includes:

  • Municipality

  • District Board

  • Panchayat

  • Improvement Trust

  • Mining Settlement Boards

✅ These are covered under Article 12 because they perform public functions using public money.

⚖️ 4. Tests to Decide if a Body is “State” (Important for UPSC)

🧑‍⚖️ Laid down in R.D. Shetty v. International Airport Authority of India:

Test Meaning
1️⃣ Financial Control Govt gives major funding or owns the body
2️⃣ Deep Control Govt controls decisions and policies
3️⃣ Public Functions Work done is for public service, like education, transport
4️⃣ Govt Department Transfer A government department is turned into a corporation
5️⃣ Monopoly Exclusive rights given by government to function

📌 Note: These tests are not final — they’re just guidelines. Courts decide on case-to-case basis.

🏏 5. Case Law – BCCI Case

  • Issue: Is BCCI (Board of Cricket Control in India) a “State” under Article 12?

  • Decision: No. BCCI is not fully controlled or funded by the government.
    ➡️ So, private sports bodies may not be “State” unless they meet RD Shetty tests.

⚖️ Is Judiciary Included in the Word “State” under Article 12?

✅ YES – But with Conditions

According to Supreme Court in A.R. Antulay vs R.S. Nayak (1988):

Judiciary is included under “State” only for its administrative functions, not judicial functions.

✍️ Detailed Explanation:

Function of Judiciary Included in “State”? Can be challenged under FR?
Judicial Function (e.g., giving a judgment in a case) ❌ No ❌ No
Administrative Function (e.g., making recruitment rules, staff promotion) ✅ Yes ✅ Yes (under Article 14, 16 etc.)

📌 Case: A.R. Antulay vs R.S. Nayak (1988) – Key Points

  • 7-judge bench of Supreme Court.

  • Court said: “Even judiciary must respect Fundamental Rights.”

  • But judicial orders given by judges cannot be challenged under Article 12.

  • However, if the court administration makes rules that are unfair or discriminatory, they can be challenged under Fundamental Rights.

🧠 Simple Example for UPSC:

  1. 👩‍⚖️ A judge gives a verdict:

    • This is a judicial act

    • ❌ Not covered under “State” → Can’t file Fundamental Rights case

  2. 🏛 High Court makes a recruitment rule that discriminates against SC/ST candidates:

    • This is an administrative act

    • ✅ Covered under “State” → Can be challenged under Article 14 (equality)

📝 Use in UPSC Mains Answer:

  • In questions on Article 12 or Fundamental Rights:

"Although judiciary is not traditionally considered as 'State', the Supreme Court in A.R. Antulay vs R.S. Nayak clarified that courts are included under Article 12 only in their administrative capacity, not while performing judicial functions."

🌐 7. What is “Authorities under Control of Govt of India” (Outside India)?

  • Areas outside India, but under Indian control (e.g., UN Trust territories) also fall under “State”.

  • So, even inhabitants there can claim Fundamental Rights.

🧠 UPSC Extra Points

✅ Why Article 12 is Key?

  • It decides who can be sued if Fundamental Rights are violated.
    ➡️ If a body is not a “State”, it cannot be forced to follow Fundamental Rights.

✅ Why RD Shetty Case is Landmark?

  • It helped bring many govt-funded private bodies (like LIC, ONGC, UGC) under judicial review.

✅ Important for GS Paper II and Prelims

  • Article 12 forms the base for Part III (Articles 12–35)

  • Often tested in MCQs and Mains with real case references

📝 MCQs for Practice

  1. Which of the following is not included in the term “State” under Article 12?
    a) Parliament of India
    b) Municipalities
    c) Supreme Court (while giving judgment)
    d) President of India
    ✅ Answer: c) Supreme Court (while giving judgment)

  2. Which case laid down the test to determine whether a body is “State” under Article 12?
    a) Kesavananda Bharati Case
    b) A.K. Gopalan Case
    c) R.D. Shetty Case
    d) Indira Gandhi Case
    ✅ Answer: c) R.D. Shetty Case

✅ In Short (Summary Table)

Point Description
Article 12 Defines "State" for Fundamental Rights
Includes Union, States, Local & Other Authorities
RD Shetty Case Gave 5 tests to decide “State”
Judiciary Included only in administrative work
Why Important Only “State” can be sued for violating FRs

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