Definition of state under Article 12 of The Constitution - Law Tribe

A category of rights known as "fundamental rights" are those that the Indian Constitution's Part III guarantees to all of the country's residents. Regardless of ethnicity, sex, religion, caste, or gender, it is generally applied to all citizens. The majority of fundamental rights are granted to the state, not to private entities.

Article 12 gives an extended significance to the term ‘state’. It is very important to determine what bodies fall under the definition of a state so as to determine on whom the responsibility has to be placed.

Article 12 of the Indian Constitution states that,

“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.”

The definition which is provided under article 12, it is applicable only to part III & IV of constitution and not for the rest of constitution. So what article 12 defines is that following of authorities will only be called as state:

1. Government and Parliament of India i.e the Executive and Legislature of the Union
2. Government and Legislature of each State i.e the Executive and Legislature of the various States of India
3. All local or other authorities within the territory of India
4. All local and other authorities who are under the control of the Government of India.

It is apparent that the Indian government and parliament as well as the state government and legislature must fall within the category of state. The local government and other authorities, however, appear to be somewhat vague.

Local authority is defined as "a municipal committee, district board, body of port commissioners or other authority legally entitled to, or entrusted by the government with, the direction or management of the municipal or local money" under Section 3(31) of the General Clauses Act. Simply put, it means that local self-government entities such as municipalities, panchayats, district boards, or other similar entities are referred to as "local authorities."

The dynamic nature of the state was kept in mind while interpreting and defining its scope.

Now, the question arises whether electricity board, universities, judiciary etc. can be concluded under ambit of state? So, for the purpose of determining what ‘other authorities’ fall under the scope of State, the judiciary has given several judgements as per the facts and circumstances of different cases. Below We have discussed Article of Indian Constitution with different case laws:

In the University of Madras v. Shanta Bai, the Madras High Court evolved the principle of ‘ejusdem generis’ i.e. of the like nature. It means that only those authorities are covered under the expression ‘other authorities’ which perform governmental or sovereign functions. Further, it cannot include persons, natural or juristic, for example, Unaided universities.

In the case of Ujjammabai v. the State of U.P., the court rejected the above restrictive scope and held that the ‘ejusdem generis’ rule could not be resorted to the in interpreting ‘other authorities’. The bodies named under Article 12 have no common genus running through them and they cannot be placed in one single category on any rational basis.

Lastly, in Rajasthan Electricity Board v. Mohan Lal, the Supreme Court held that ‘other authorities’ would include all authorities created by the constitution or statute on whom powers are conferred by law. Such statutory authority need not be engaged in performing government or sovereign functions. The court emphasized that it is immaterial that the power conferred on the body is of a commercial nature or not.

Finally 6 criteria was given for determining test, which helps to decide whether the body will be state or not-

• Entire share capital is held by the government
• Financial assistance
• Monopoly status
• Deep & pervasive state control
• A department of the government is transferred to co-operation.

Therefore, the term "state" refers to both the legislative and executive branches of the Union and the States. The actions of the bodies can be contested in court as being in violation of fundamental rights.