This document defines key terms from Article 12 of the Indian Constitution, including the definition of "State" and "authority". It notes that the term State includes the executive and legislative branches of both the Union and states. It also defines local authorities as bodies like municipalities and district boards, and other authorities as those mentioned alongside the government and legislatures. The document concludes with a Supreme Court case that established multiple factors for determining if a body falls under Article 12, including financial, functional, and administrative control by the state.

1. Bhargav Dangar
Seat no. ‘26’
Constitutional Law I

2.  Article 12 defines the term ‘State’ as used in
different Articles of Part III of the Indian
constitution.
 The term ‘State’ includes executive as well as
the legislative organs of the Union & state.

3. 1. The Govt. & Parliament of India i. e.,
Executive and Legislature of the Union.
2. The Govt. & the Legislature of each State,
i.e., Executive & Legislature of States.
3. All local or other authority within the territory
of India.
4. All local & other authorities under the
control of the Government of India.

4.  Authority means a person or body exercising
power to command. In the context of Article
12, the word “authority” means the power to
make laws, orders, regulations, bye-laws,
notification etc.

5. (A) Local Authority:
‘Local authority’ as defined in section 3
(31) of the General Clauses Act refers to authorities like
Municipalities, District Boards, Panchayats,
Improvement Trust & Mining Settlement Boards.
(B) Other Authorities :
In Article 12 the expression ‘other
authorities’ is used after mentioning a few of them, such
as, the government, Parliament of India, the Government
& Legislature of each of the state & all local authorities.

6.  Pradeep Kumar Biswas v. Indian institute of
Chemical Biology, (2002)
A seven Judge Bench of the Supreme Court by a
majority of 5:2 held that CSIR is an instrument of “the
state” falling within the scope of article 12. The multiple
state which to be applied to ascertain the character of a
body as falling within Article 12 or outside is to ascertain
the nature of financial, functional & administrative
control of the state over it & whether it is dominated by
the state Govt. & the control can be said to be so deep &
pervasive so as to satisfy court “of brooding presence of
the Govt.” on the activities of the body concerned.