Fundamental rights in the Indian Constitution apply to citizens against the state. Article 12 defines "state" broadly as the Union and state governments, legislatures, local authorities within India, and bodies under the government's control. Through judicial interpretations, courts have expanded the definition of state to include public bodies based on factors like substantial government financing, control, and performance of public functions. However, the state does not include the judiciary when performing judicial as opposed to administrative functions.
PPT describes the overview of Preamble about of Indian Constitution and some salient features of the Indian Constitution.
definition of the constitution.
the objective of Preamble.
Amendment in Preamble.
Philosophy of Preamble.
Main Features of Basic Structure.
Impact of Other Countries Constitution on The Indian Constitution.
Definition of secularism, socialism.
The slides relate to Part - III of the Indian Constitution i.e. FUNDAMENTAL RIGHTS. It elaborates on the violation of fundamental rights under the constitution. Useful for Law students and Professionals.
PPT describes the overview of Preamble about of Indian Constitution and some salient features of the Indian Constitution.
definition of the constitution.
the objective of Preamble.
Amendment in Preamble.
Philosophy of Preamble.
Main Features of Basic Structure.
Impact of Other Countries Constitution on The Indian Constitution.
Definition of secularism, socialism.
The slides relate to Part - III of the Indian Constitution i.e. FUNDAMENTAL RIGHTS. It elaborates on the violation of fundamental rights under the constitution. Useful for Law students and Professionals.
This PPT discusses the concept of Citizenship. Constitutional provisions for citizenship which are discussed in article 5-11 in Indian Constitution. In this ppt, it is described the definition of the topic citizenship, dual citizenship concept, and single citizenship concept. similar concepts that look like citizenship like nationality, domicile, and residency but these concepts are different from citizenship in nature.
It also discussed the citizenship amendment act, 1955 which clearly describes the provisions for acquiring and termination of citizenship.
This presentation was made by me for college exams. Please give due credit .
Like, comment( positive or negative) .I will try to improve . Thanks. Enjoy.
Maintenance under hindu_marriage_act-1955Trisom Sahu
The most challenging part when the situation of separation of married couples comes in front of the court is to decide the maintenance keeping in view that the rights of each of the party is not hampered.
Therefore, the legislators took the pain of inserting the sections regarding to maintenance in the Hindu Marriage Act-1955. In this paper I will be throwing some light on the various provision of the Hindu Marriage Act - 1955 which concern the maintenance and the interpretations made by various courts of law in India.
The maintenance is mainly described explicitly in section 24 and section 25 of the Hindu Marriage Act-1955.
Sec.24 emphasizes on maintenance pendente lite and expenses of the proceedings and sec. 25 talks about the permanent alimony under the Hindu Marriage Act-1955.
Maintenance Pendente lite and expenses of proceedings (Sec.24): -
The provision for maintenance pendente lite and expenses of proceedings is given in section 24 of the Hindu Marriage Act - 1955, which is stated as follows: -
24.Maintenance pendente lite and expenses of proceedings: - Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable:
[Provided that the application for the payment of the expenses of the proceeding and such monthly sum during the proceeding, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be.]
Legislative Changes: -
An addition of a provision was done was done to the existing section in 2001 by providing for disposal of maintenance pendente lite and expenses of the proceeding within a period of 60 days from the date of service of the notice on the wife or the husband.
Objective of Section - 24: -
The provision of maintenance pendente lite is created by the legislators to provide financial assistance to the indigent spouse to maintain herself or himself during the pendency of the proceedings and also to have sufficient funds to carry on the litigation without suffering unduly due to shortage of funds. In the case of Hema v S. Lakshmana Bhat the Kerela High court held that husband too can claim for alimony pendente lite. The court in this case observed that in providing for alimony or maintenance pendente lite for both the spouse the concept of equality has been introduced in maintenance proceedings.
The rationale of the Sec.24 is to provide financial assistance to the indigent spouse and to ensure that no material fact or evidences is concealed due the financial incap
The Power Point deals with the legal concept of Rights and Duties. An attempt has been made on the part of the author to explain the depth of the topic in lucid terms with the help of flowcharts and examples.
The slides relate to Part - III of the Indian Constitution i.e. FUNDAMENTAL RIGHTS. It elaborates on the concept and meaning of State under the constitution. Useful for Law students and Professionals.
Nature and Importance of Indian Constitutionkritikothari2
Nature and Importance of Indian Constitution
What is constitution?
Definitions
Nature of Indian Constitution:- Unitary or Federal
features of Quasi-Federal Constitution
Importance of Indian Constitution
Detailed Analysis of Artcile 13 with relevant case laws and study of pre and post constitutional laws with reference to Doctrine of Eclipse and Severability. Doctrine of Waiver. Amenability of the Fundamental Rights.
Article 12 of the Indian Constitution lawyogita9398
Understanding Article 12 of the Indian Constitution
-LLB (I) Constitutional law
Background and Part III of the Constitution
What are fundamental rights in India?
Fundamental rights are a set of basic human rights that are guaranteed to every citizen of a country to ensure their dignity, freedom, and well-being. In India, fundamental rights are enshrined in Part III (Articles 12 to 35) of the Constitution.
Significance of Part III Connection to the preamble and its principles :
Part III of the Constitution is based on its preamble wherein the People of India have solemnly resolved to constitute India into a Sovereign, Socialist, Secular, and Democratic Republic and to secure to themselves justice, liberty, equality and fraternity. These rights are sacrosanct, inalienable and inviolable.
Article 12
Definition of the "State" according to Article 12:Before diving into the details of various Fundamental Rights secured by the Constitution, one must know against whom the Fundamental Rights can be enforced. Typically, Fundamental Rights can be enforced against the State. Article 12 defined the State. According to Article 12, a State includes-
1. The Government and Parliament of Indiai.e.Indian Government
Indian Parliament – Lok Sabha, Rajya Sabha
2. The Government and the legislature of each of the Statesi.e.State Governments
State Legislature – Legislative Assembly, Legislative Council of State
3. All local or other authorities within the territory of India
4. All local or other authorities are under the control of the Government of India.
Defining authorities ,Case Studies and Interpretation
Local Authorities
A local authority has not been defined under the Constitution. However, Section 3(31) of the General Clauses Act, 1897 defines Local Authorities as follows: “Local Authority shall mean a Municipal Committee, District Board, Body of Port Commissioner or other authority legally entitled to, or entrusted by the Government with the control or management of a municipal or local fund.”
1.Municipalities – Municipal Corporations, Nagar Palika, Nagar Panchayats
2.Panchayats – Zila Panchayats, Mandal Panchayats, Gram Panchayats
3.District Boards
4.Improvement Trusts, etc.
Other Authorities
The term “Other Authorities” has not been defined either in the constitution or in any other Statute.It can be explained in better manner with case study:Ujjain Bai v. State of Uttar Pradesh (UP) – Supreme Court observed that Article 12 winds up the list of authorities falling within the definition by referring to “other authorities” within the territory of India which cannot be read as ‘of or as the same kind’ with either the Government or the Legislature or Local authorities
Continued….
R.D Shetty v. Airport Authority of India – Five points were mentioned by Justice P.N. Bhagwati to understand if the ‘body’ in news is instrumental to be called as the ‘State’ under Article 12 or not:
The ‘Body’ can be called as ‘State’ if its entire shared ca
This PPT discusses the concept of Citizenship. Constitutional provisions for citizenship which are discussed in article 5-11 in Indian Constitution. In this ppt, it is described the definition of the topic citizenship, dual citizenship concept, and single citizenship concept. similar concepts that look like citizenship like nationality, domicile, and residency but these concepts are different from citizenship in nature.
It also discussed the citizenship amendment act, 1955 which clearly describes the provisions for acquiring and termination of citizenship.
This presentation was made by me for college exams. Please give due credit .
Like, comment( positive or negative) .I will try to improve . Thanks. Enjoy.
Maintenance under hindu_marriage_act-1955Trisom Sahu
The most challenging part when the situation of separation of married couples comes in front of the court is to decide the maintenance keeping in view that the rights of each of the party is not hampered.
Therefore, the legislators took the pain of inserting the sections regarding to maintenance in the Hindu Marriage Act-1955. In this paper I will be throwing some light on the various provision of the Hindu Marriage Act - 1955 which concern the maintenance and the interpretations made by various courts of law in India.
The maintenance is mainly described explicitly in section 24 and section 25 of the Hindu Marriage Act-1955.
Sec.24 emphasizes on maintenance pendente lite and expenses of the proceedings and sec. 25 talks about the permanent alimony under the Hindu Marriage Act-1955.
Maintenance Pendente lite and expenses of proceedings (Sec.24): -
The provision for maintenance pendente lite and expenses of proceedings is given in section 24 of the Hindu Marriage Act - 1955, which is stated as follows: -
24.Maintenance pendente lite and expenses of proceedings: - Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable:
[Provided that the application for the payment of the expenses of the proceeding and such monthly sum during the proceeding, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be.]
Legislative Changes: -
An addition of a provision was done was done to the existing section in 2001 by providing for disposal of maintenance pendente lite and expenses of the proceeding within a period of 60 days from the date of service of the notice on the wife or the husband.
Objective of Section - 24: -
The provision of maintenance pendente lite is created by the legislators to provide financial assistance to the indigent spouse to maintain herself or himself during the pendency of the proceedings and also to have sufficient funds to carry on the litigation without suffering unduly due to shortage of funds. In the case of Hema v S. Lakshmana Bhat the Kerela High court held that husband too can claim for alimony pendente lite. The court in this case observed that in providing for alimony or maintenance pendente lite for both the spouse the concept of equality has been introduced in maintenance proceedings.
The rationale of the Sec.24 is to provide financial assistance to the indigent spouse and to ensure that no material fact or evidences is concealed due the financial incap
The Power Point deals with the legal concept of Rights and Duties. An attempt has been made on the part of the author to explain the depth of the topic in lucid terms with the help of flowcharts and examples.
The slides relate to Part - III of the Indian Constitution i.e. FUNDAMENTAL RIGHTS. It elaborates on the concept and meaning of State under the constitution. Useful for Law students and Professionals.
Nature and Importance of Indian Constitutionkritikothari2
Nature and Importance of Indian Constitution
What is constitution?
Definitions
Nature of Indian Constitution:- Unitary or Federal
features of Quasi-Federal Constitution
Importance of Indian Constitution
Detailed Analysis of Artcile 13 with relevant case laws and study of pre and post constitutional laws with reference to Doctrine of Eclipse and Severability. Doctrine of Waiver. Amenability of the Fundamental Rights.
Article 12 of the Indian Constitution lawyogita9398
Understanding Article 12 of the Indian Constitution
-LLB (I) Constitutional law
Background and Part III of the Constitution
What are fundamental rights in India?
Fundamental rights are a set of basic human rights that are guaranteed to every citizen of a country to ensure their dignity, freedom, and well-being. In India, fundamental rights are enshrined in Part III (Articles 12 to 35) of the Constitution.
Significance of Part III Connection to the preamble and its principles :
Part III of the Constitution is based on its preamble wherein the People of India have solemnly resolved to constitute India into a Sovereign, Socialist, Secular, and Democratic Republic and to secure to themselves justice, liberty, equality and fraternity. These rights are sacrosanct, inalienable and inviolable.
Article 12
Definition of the "State" according to Article 12:Before diving into the details of various Fundamental Rights secured by the Constitution, one must know against whom the Fundamental Rights can be enforced. Typically, Fundamental Rights can be enforced against the State. Article 12 defined the State. According to Article 12, a State includes-
1. The Government and Parliament of Indiai.e.Indian Government
Indian Parliament – Lok Sabha, Rajya Sabha
2. The Government and the legislature of each of the Statesi.e.State Governments
State Legislature – Legislative Assembly, Legislative Council of State
3. All local or other authorities within the territory of India
4. All local or other authorities are under the control of the Government of India.
Defining authorities ,Case Studies and Interpretation
Local Authorities
A local authority has not been defined under the Constitution. However, Section 3(31) of the General Clauses Act, 1897 defines Local Authorities as follows: “Local Authority shall mean a Municipal Committee, District Board, Body of Port Commissioner or other authority legally entitled to, or entrusted by the Government with the control or management of a municipal or local fund.”
1.Municipalities – Municipal Corporations, Nagar Palika, Nagar Panchayats
2.Panchayats – Zila Panchayats, Mandal Panchayats, Gram Panchayats
3.District Boards
4.Improvement Trusts, etc.
Other Authorities
The term “Other Authorities” has not been defined either in the constitution or in any other Statute.It can be explained in better manner with case study:Ujjain Bai v. State of Uttar Pradesh (UP) – Supreme Court observed that Article 12 winds up the list of authorities falling within the definition by referring to “other authorities” within the territory of India which cannot be read as ‘of or as the same kind’ with either the Government or the Legislature or Local authorities
Continued….
R.D Shetty v. Airport Authority of India – Five points were mentioned by Justice P.N. Bhagwati to understand if the ‘body’ in news is instrumental to be called as the ‘State’ under Article 12 or not:
The ‘Body’ can be called as ‘State’ if its entire shared ca
TOPIC 1&2 constitutional provisions + Fundamental rights.pdfSwadhaSneha2
International human rights law lays down the obligations of Governments to act in certain ways or to refrain from certain acts, in order to promote and protect human rights and fundamental freedoms of individuals or groups.
One of the great achievements of the United Nations is the creation of a comprehensive body of human rights law—a universal and internationally protected code to which all nations can subscribe and all people aspire. The United Nations has defined a broad range of internationally accepted rights, including civil, cultural, economic, political and social rights. It has also established mechanisms to promote and protect these rights and to assist states in carrying out their responsibilities.
The foundations of this body of law are the Charter of the United Nations and the Universal Declaration of Human Rights, adopted by the General Assembly in 1945 and 1948, respectively. Since then, the United Nations has gradually expanded human rights law to encompass specific standards for women, children, persons with disabilities, minorities and other vulnerable groups, who now possess rights that protect them from discrimination that had long been common in many societies.
There are 3 organs such as Executive, Legislative and Judiciary. If they play their role without any interpretation then it may call seperation of Power.
In order to regulate these complex, relations, some law is necessary, which may bring about regularity certainty and may check at the same time the misuse of powers vested in the administration.
Medical Technology Tackles New Health Care Demand - Research Report - March 2...pchutichetpong
M Capital Group (“MCG”) predicts that with, against, despite, and even without the global pandemic, the medical technology (MedTech) industry shows signs of continuous healthy growth, driven by smaller, faster, and cheaper devices, growing demand for home-based applications, technological innovation, strategic acquisitions, investments, and SPAC listings. MCG predicts that this should reflects itself in annual growth of over 6%, well beyond 2028.
According to Chris Mouchabhani, Managing Partner at M Capital Group, “Despite all economic scenarios that one may consider, beyond overall economic shocks, medical technology should remain one of the most promising and robust sectors over the short to medium term and well beyond 2028.”
There is a movement towards home-based care for the elderly, next generation scanning and MRI devices, wearable technology, artificial intelligence incorporation, and online connectivity. Experts also see a focus on predictive, preventive, personalized, participatory, and precision medicine, with rising levels of integration of home care and technological innovation.
The average cost of treatment has been rising across the board, creating additional financial burdens to governments, healthcare providers and insurance companies. According to MCG, cost-per-inpatient-stay in the United States alone rose on average annually by over 13% between 2014 to 2021, leading MedTech to focus research efforts on optimized medical equipment at lower price points, whilst emphasizing portability and ease of use. Namely, 46% of the 1,008 medical technology companies in the 2021 MedTech Innovator (“MTI”) database are focusing on prevention, wellness, detection, or diagnosis, signaling a clear push for preventive care to also tackle costs.
In addition, there has also been a lasting impact on consumer and medical demand for home care, supported by the pandemic. Lockdowns, closure of care facilities, and healthcare systems subjected to capacity pressure, accelerated demand away from traditional inpatient care. Now, outpatient care solutions are driving industry production, with nearly 70% of recent diagnostics start-up companies producing products in areas such as ambulatory clinics, at-home care, and self-administered diagnostics.
Welcome to Secret Tantric, London’s finest VIP Massage agency. Since we first opened our doors, we have provided the ultimate erotic massage experience to innumerable clients, each one searching for the very best sensual massage in London. We come by this reputation honestly with a dynamic team of the city’s most beautiful masseuses.
We understand the unique challenges pickleball players face and are committed to helping you stay healthy and active. In this presentation, we’ll explore the three most common pickleball injuries and provide strategies for prevention and treatment.
Telehealth Psychology Building Trust with Clients.pptxThe Harvest Clinic
Telehealth psychology is a digital approach that offers psychological services and mental health care to clients remotely, using technologies like video conferencing, phone calls, text messaging, and mobile apps for communication.
Global launch of the Healthy Ageing and Prevention Index 2nd wave – alongside...ILC- UK
The Healthy Ageing and Prevention Index is an online tool created by ILC that ranks countries on six metrics including, life span, health span, work span, income, environmental performance, and happiness. The Index helps us understand how well countries have adapted to longevity and inform decision makers on what must be done to maximise the economic benefits that comes with living well for longer.
Alongside the 77th World Health Assembly in Geneva on 28 May 2024, we launched the second version of our Index, allowing us to track progress and give new insights into what needs to be done to keep populations healthier for longer.
The speakers included:
Professor Orazio Schillaci, Minister of Health, Italy
Dr Hans Groth, Chairman of the Board, World Demographic & Ageing Forum
Professor Ilona Kickbusch, Founder and Chair, Global Health Centre, Geneva Graduate Institute and co-chair, World Health Summit Council
Dr Natasha Azzopardi Muscat, Director, Country Health Policies and Systems Division, World Health Organisation EURO
Dr Marta Lomazzi, Executive Manager, World Federation of Public Health Associations
Dr Shyam Bishen, Head, Centre for Health and Healthcare and Member of the Executive Committee, World Economic Forum
Dr Karin Tegmark Wisell, Director General, Public Health Agency of Sweden
India Clinical Trials Market: Industry Size and Growth Trends [2030] Analyzed...Kumar Satyam
According to TechSci Research report, "India Clinical Trials Market- By Region, Competition, Forecast & Opportunities, 2030F," the India Clinical Trials Market was valued at USD 2.05 billion in 2024 and is projected to grow at a compound annual growth rate (CAGR) of 8.64% through 2030. The market is driven by a variety of factors, making India an attractive destination for pharmaceutical companies and researchers. India's vast and diverse patient population, cost-effective operational environment, and a large pool of skilled medical professionals contribute significantly to the market's growth. Additionally, increasing government support in streamlining regulations and the growing prevalence of lifestyle diseases further propel the clinical trials market.
Growing Prevalence of Lifestyle Diseases
The rising incidence of lifestyle diseases such as diabetes, cardiovascular diseases, and cancer is a major trend driving the clinical trials market in India. These conditions necessitate the development and testing of new treatment methods, creating a robust demand for clinical trials. The increasing burden of these diseases highlights the need for innovative therapies and underscores the importance of India as a key player in global clinical research.
How many patients does case series should have In comparison to case reports.pdfpubrica101
Pubrica’s team of researchers and writers create scientific and medical research articles, which may be important resources for authors and practitioners. Pubrica medical writers assist you in creating and revising the introduction by alerting the reader to gaps in the chosen study subject. Our professionals understand the order in which the hypothesis topic is followed by the broad subject, the issue, and the backdrop.
https://pubrica.com/academy/case-study-or-series/how-many-patients-does-case-series-should-have-in-comparison-to-case-reports/
One of the most developed cities of India, the city of Chennai is the capital of Tamilnadu and many people from different parts of India come here to earn their bread and butter. Being a metropolitan, the city is filled with towering building and beaches but the sad part as with almost every Indian city
Defecation
Normal defecation begins with movement in the left colon, moving stool toward the anus. When stool reaches the rectum, the distention causes relaxation of the internal sphincter and an awareness of the need to defecate. At the time of defecation, the external sphincter relaxes, and abdominal muscles contract, increasing intrarectal pressure and forcing the stool out
The Valsalva maneuver exerts pressure to expel faeces through a voluntary contraction of the abdominal muscles while maintaining forced expiration against a closed airway. Patients with cardiovascular disease, glaucoma, increased intracranial pressure, or a new surgical wound are at greater risk for cardiac dysrhythmias and elevated blood pressure with the Valsalva maneuver and need to avoid straining to pass the stool.
Normal defecation is painless, resulting in passage of soft, formed stool
CONSTIPATION
Constipation is a symptom, not a disease. Improper diet, reduced fluid intake, lack of exercise, and certain medications can cause constipation. For example, patients receiving opiates for pain after surgery often require a stool softener or laxative to prevent constipation. The signs of constipation include infrequent bowel movements (less than every 3 days), difficulty passing stools, excessive straining, inability to defecate at will, and hard feaces
IMPACTION
Fecal impaction results from unrelieved constipation. It is a collection of hardened feces wedged in the rectum that a person cannot expel. In cases of severe impaction the mass extends up into the sigmoid colon.
DIARRHEA
Diarrhea is an increase in the number of stools and the passage of liquid, unformed feces. It is associated with disorders affecting digestion, absorption, and secretion in the GI tract. Intestinal contents pass through the small and large intestine too quickly to allow for the usual absorption of fluid and nutrients. Irritation within the colon results in increased mucus secretion. As a result, feces become watery, and the patient is unable to control the urge to defecate. Normally an anal bag is safe and effective in long-term treatment of patients with fecal incontinence at home, in hospice, or in the hospital. Fecal incontinence is expensive and a potentially dangerous condition in terms of contamination and risk of skin ulceration
HEMORRHOIDS
Hemorrhoids are dilated, engorged veins in the lining of the rectum. They are either external or internal.
FLATULENCE
As gas accumulates in the lumen of the intestines, the bowel wall stretches and distends (flatulence). It is a common cause of abdominal fullness, pain, and cramping. Normally intestinal gas escapes through the mouth (belching) or the anus (passing of flatus)
FECAL INCONTINENCE
Fecal incontinence is the inability to control passage of feces and gas from the anus. Incontinence harms a patient’s body image
PREPARATION AND GIVING OF LAXATIVESACCORDING TO POTTER AND PERRY,
An enema is the instillation of a solution into the rectum and sig
CHAPTER 1 SEMESTER V PREVENTIVE-PEDIATRICS.pdfSachin Sharma
This content provides an overview of preventive pediatrics. It defines preventive pediatrics as preventing disease and promoting children's physical, mental, and social well-being to achieve positive health. It discusses antenatal, postnatal, and social preventive pediatrics. It also covers various child health programs like immunization, breastfeeding, ICDS, and the roles of organizations like WHO, UNICEF, and nurses in preventive pediatrics.
1. Introduction
Fundamental rights are a group of rights which are guaranteed to all the citizens of the nation
by the Constitution of India under Part III. These rights apply universally to all citizens
residing in the nation, irrespective of their race, place of birth, religion, caste or gender. They
are recognized by law as rights requiring a high degree of protection from the government
and they cannot be violated by the Government. Fundamental rights cannot be enforceable
against individuals and private entities. The obligation of protecting these rights lies on the
government or the state or its authorities.
Most of the Fundamental rights provided to the citizens are claimed against the State and its
instrumentalities and not against the private bodies. 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.
The framers of the Constitution used the words ‘the State’ in a wider sense than what is
understood in the ordinary or narrower sense. It does not merely mean the states in the Union.
The word ‘includes’ in the article shows that the definition is not exhaustive and through
judicial interpretations, the court has widened the scope of the Article way beyond what even
the framers of Article 12 may have had in mind during the framing of the constitution.
Meaning of State under Article 12
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.”
In other words, for the purposes of Part III of the constitution, the state comprises of the
following:
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
Key terms discussed
1. Government (Union and state)
2. Parliament and state legislature
3. Local authorities
4. Other authorities
2. 5. Territory of India
6. Control of the government of India
The above-mentioned terms are better explained in the following section along with relevant
cases.
Government (Union and state), Parliament and
State Legislature
Parliament: The parliament comprises of the President of India, the lower house of
the parliament that is the Lok Sabha as well as the upper house of the Parliament, that
is the Rajya Sabha.
Executive: It is that organ which implements the laws passed by the legislature and
the policies of the government. The rise of the welfare state has tremendously
increased the functions of the state, and in reality, of the executive. In common usage,
people tend to identify the executive with the government. In contemporary times,
there has taken place
A big increase in the power and role of the executive in every state. The executive includes
the President, Governor, Cabinet Ministers, Police, bureaucrats, etc.
Legislature: The legislature is that organ of the government which enacts the laws of
the government. It is the agency which has the responsibility to formulate the will of
the state and vest it with legal authority and force. In simple words, the legislature is
that organ of the government which formulates laws. Legislature enjoys a very special
and important in every democratic state. It is the assembly of the elected
representatives of the people and represents national public opinion and power of the
people.
Government: The law-making or legislative branch and administrative or executive
branch and law enforcement or judicial branch and organizations of society. Lok
Sabha (the lower house) and Rajya Sabha (the upper house) form the legislative
branch. Indian President is the head of the state and exercises his or her power directly
or through officers subordinate to him. The Supreme Court, High Courts, and many
civil, criminal and family courts at the district level form the Judiciary.
State Legislature: The legislative body at the state level is the State Legislature. It
comprises of the state legislative assembly and the state legislative council.
Local Authorities
Before understanding what a local authority is, it is important to define Authorities.
According to Webster’s Dictionary; “Authority” means a person or body exercising power
to command. When read under Article 12, the word authority means the power to make laws
3. (or orders, regulations, bye-laws, notification etc.) which have the force of law. It also
includes the power to enforce those laws
Local Authority: As per Section 3(31) of the General Clauses Act, 1897,
“Local Authority shall mean a municipal committee, district board, body of commissioner or
other authority legally entitled to or entrusted by the Government within the control or
management of a municipal or local fund.”
The term Local authority includes the following:
1. Local government: According to Entry 5 of the List II of VII Schedule ‘local
government’ includes a municipal corporation, improvement trust, district boards,
mining settlement authorities and other local authorities for the purpose of local self-
government or village administration.
2. Village Panchayat: In the case of Ajit Singh v. State of Punjab, it was held that
within the meaning of the term local authority, village panchayat is also included.
Test to determine Local Authorities
In Mohammad Yasin v. Town Area Committee, the Supreme Court held that to be
characterized as a ‘local authority’ the authority concerned must;
1. Have a separate legal existence as a corporate body
2. Not be a mere government agency but must be legally an independent entity
3. Function in a defined area
4. Be wholly or partly, directly or indirectly, elected by the inhabitants of the area
5. Enjoy a certain degree of autonomy (complete or partial)
6. Be entrusted by statute with such governmental functions and duties as are usually
entrusted to locally (like health, education, water, town planning, markets,
transportation, etc.)
7. Have the power to raise funds for the furtherance of its activities and fulfilment of its
objectives by levying taxes, rates, charges or fees
Other Authorities
The term ‘other authorities’ in Article 12 has nowhere been defined. Neither in the
Constitution nor in the general clauses Act, 1897 nor in any other statute of India. Therefore,
its interpretation has caused a good deal of difficulty, and judicial opinion has undergone
changes over time.
The functions of a government can be performed either the governmental departments and
officials or through autonomous bodies which exist outside the departmental structure. Such
autonomous bodies may include companies, corporations etc.
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.
4. 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.
Territory of India
Article 1(3) of the Constitution of India states that;
“The territory of India shall comprise- (a) the territories of the States;(b) the Union
territories specified in the First Schedule; and (c) such other territories as may be acquired.”
In the case of Masthan Sahib v. Chief Commissioner, the court held that the territory of India
for the purposes of Article 12 means the territory of India as defined in Article 1(3).
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Control of the government of India
Under Article 12, the control of the Government does not necessarily mean that the body
must be under the absolute direction of the government. It merely means that the government
must have some form of control over the functioning of the body. Just because a body is a
statutory body, does not mean that it is ‘State’. Both statutory, as well as non-statutory
bodies, can be considered as a ‘State’ if they get financial resources from the government and
the government exercises a deep pervasive control over it.
For example- State includes Delhi Transport Corporation, ONGC and Electricity Boards, but
does not include NCERT as neither is it substantially financed by the government nor is the
government’s control pervasive.
The test laid down in the case of Ajay Hasia is not rigid and therefore if a body falls within
them, then it must be considered to be a State within the meaning of Article 12. It was
discussed in the case that– “whether in the light of the cumulative facts as established, the
body is financially, functionally and administratively dominated by or under the control of
Government. Such control must be particular to the body in question and must be pervasive.
5. Whether State includes Judiciary?
Article 12 of the Constitution does not specifically define ‘judiciary’. This gives the judicial
authorities the power to pronounce decisions which may be contravening to the Fundamental
Rights of an individual. If it was taken into the head of ‘State’, then as per the article, it
would be by the obligation that the fundamental rights of the citizens should not be violated.
Accordingly, the judgements pronounced by the courts cannot be challenged on the ground
that they violate fundamental rights of a person. On the other hand, it has been observed that
orders passed by the courts in their administrative capacity (including by the Supreme Court)
have regularly been challenged as being violative of fundamental rights.
The answer to this question lies in the distinction between the judicial and non-judicial
functions of the courts. When the courts perform their non-judicial functions, they fall within
the definition of the ‘State’. When the courts perform their judicial functions, they would not
fall within the scope of the ‘State’.
So, it can be noted that the judicial decision of a court cannot be challenged as being
violative of fundamental rights. But, an administrative decision or a rule made by the
judiciary can be challenged as being violative of fundamental rights, if that be supported by
facts. This is because of the distinction between the judicial and non-judicial functions of the
courts.
In the case of Naresh Shridhar Mirajkar v. State of Maharashtra, AIR 1967 SC 1, a 9-
judge bench of the Supreme Court held that a judicial decision pronounced by a judge of
competent jurisdiction in or in relation to a matter brought before him for adjudication cannot
affect the fundamental rights of the citizens since what the judicial decision purports to do is
to decide the controversy between the parties brought before the court and nothing more.
Therefore, such a judicial decision cannot be challenged under Article 13.
Conclusion
The Constitution of India not only gives fundamental right to the citizens but also imposes
the duty on the state to ensure that the fundamental rights are protected. The court through its
interpretations has widened the scope of the term State to include a variety of statutory and
non-statutory bodies under its umbrella.
The need to determine what falls within the meaning of state is, to assign the party on whom
the duty to implement such right is placed upon. Not only that, the definition of state under
Article 12 has several words which may not have definite meanings, words such as local
authorities, control of government, other authorities, etc. and as seen in the above sections,
the courts have, through the course of their judgements, described the extent of the article by
laying down a test and discussing the meaning of the terms.