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.

Explanation

Article 12 defines "the State" for purposes of Part III, which deals with Fundamental Rights. It includes the national government, state governments, and all local authorities, ensuring that these entities uphold citizens' rights as guaranteed by the Constitution.

Components of "The State"

• Government and Parliament of India: Central institutions responsible for national governance.
• Government and Legislature of each State: State institutions, ensuring that both Union and State Governments protect Fundamental Rights.
• Local Authorities: Municipal bodies, panchayats, etc., operating within India’s territory, are bound by the Constitution.
• Other Authorities under the Government's Control: Entities performing public functions under government control, such as statutory corporations.

Judicial Interpretations and Amendments

Although Article 12 has not been directly amended, judicial interpretations, such as Ajay Hasia v. Khalid Mujib Sehravardi (1981), have expanded its scope. Any institution substantially controlled by the government may be considered part of "the State" if it performs public functions.

Real-World Applications

In Sukhdev Singh v. Bhagatram Sardar Singh Raghuvanshi (1975), corporations like ONGC were considered part of "the State." This allowed citizens to seek constitutional remedies for their rights against such entities. Similarly, in Maneka Gandhi v. Union of India (1978), entities regulating passports were deemed bound by fundamental rights protections.