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 India i.e. Indian Government
Indian Parliament – Lok Sabha, Rajya Sabha
2. The Government and the legislature of each of the States i.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
2. 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.
3. 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 India
i.e.
Indian Government
Indian Parliament – Lok Sabha, Rajya Sabha
2. The Government and the legislature of each of the States
i.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.
4. 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
5. 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 capital is held by the Government of India
• Such other authorities have a governmental functional character
• The absolute control of such authorities lie with the government
• Such authorities which have an element of command or authority
• The authorities discharging public service
Issues in News Related with Article 12 of the Indian Constitution
1. The debate whether BCCI should be included under the ambit of Article 12 of the Indian Constitution and
shall be termed as the ‘State.’
• In its 275th report, the Law Commission of India (Advisory Body to the Ministry of Law and Justice) has
asked the Government to treat BCCI as an agency of the state under Article 12.
2. In a recent petition to the Supreme Court demanding an introduction of a uniform financial assistance policy
for the lawyers in the emergencies, names of agencies like the Bar Council of India and the State Bar
Councils came to surface. Aspirants should know that these agencies are the creation of the statute and fall
under the categories of “other authorities” within the meaning of Article 12 of the Indian Constitution.
3. Sanjaya Bahel v. Union of India & Others case – The case dealt with the issue of the immunity enjoyed by
United Nations Organizations (UNO) under the United Nations (Privileges and Immunities) Act, 1947. Delhi
High Court, in May 2019, declared that UNO is not a ‘State’ defined under Article 12 of the Indian
Constitution.
6. Summary
What does Article 12 of the Constitution mean?
It means to define the term, ‘State’ which is used in Part-III of the Constitution
while mentioning the applications of the provisions of Fundamental Rights of the
Indian Citizen
Is Article 12 a fundamental right?
Article 12 in itself is not a fundamental right technically, but it defines the term
‘State’ for the Fundamental Rights that are entailed in the Article 14-35.
Is Judiciary a State under Article 12?
There is no explicit mention of Judiciary (Supreme Courts, High Court, or
State/District Courts) as a ‘State’ in Article 12. However, the organs of the
judiciary cannot make rules that are in itself violative of the Fundamental
Rights.
Rupa Ashok Hurra v. Ashok Hurra Case – SC reaffirmed that Fundamental Rights
cannot be violated by any judicial proceedings and also that Superior Courts of
Justice do not fall under the ambit of Article 12.
