Article 12 of Indian Constitution

Definition of "State"

As per Article 12 of Indian Constitution, "In part III of Constitution, unless the context otherwise requires, the term '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 whithin the territory of India or under the control of the Government of India. "

Thus under part III of Constitution the term 'State' includes the following : 

(1)  The Government of India and the Parliament of India i.e., the Executive and the Legislature of the Union 

Union Legislature- 

President, Lok Sabha , Rajya Sabha. 

Union Executive -

President, Vice-President and the Council of Ministers along with Prime Minister. 

(2) The Government and the Legislature of each State i.e. , Executive and Legislature of States. 

State Legislature-

Governor, State Legislative Assembly and the State Legislative Council. 

State Executive-

Governor and the Council of Ministers of State along with the Chief Minister. 

(3) All local or other authorities within the territory of India. 

(4) All local and other authorities under the control of Government of India. 

Authorities -

In context of article 12 "authority" means the power to make laws, orders, regulations, bye laws, notification etc. which have the force of law and power to enforce those laws. 

Local Authorities-

According to Section -3 (31) of General clauses act 1897, Local Authorities refers to authorities like Municipalities , District Boards, Panchayats, Improvement Trust and Mining Settlement Boards.... legally entitled to, or entrusted by Government with, the control or management of Municipal or local funds. 

Case- Sri Ram vs Notified Area Committee, 1952 SC

SC held that a fee levied under section 294 of the UP Municipalities Act, 1919 was held to be invalid. 

Other Authorities-

"Other Authorities " has not been defined in any act but in the precedent of judges. 

Case- University of Madras vs Shantha Bai, 1954 Mad

Madras HC held that 'other authorities'could only indicate authorities of a like nature of Government Or sovereign i.e., ejusdem generis. 

Case - Ujjammbai vs State of UP, 1962 SC

SC overruled the principle of ejusdem generis given by Madras HC. 

Case- Electricity Board, Rajasthan vs Mohan Lal, 1967 SC

The expression 'other authorities' is wide enough to include all authorities created by the Constitution or statute on whom powers are conferred by law. 

Case- Sukhdev Singh vs Bhagatram, 1957 SC 

Authorities performing functions or functions like that of Government are parts of State under the meaning of Article 12 of Indian Constitution.

e.g. ONGC, LIC, Industrial Finance Corporation(IFC) etc. 

In this case Doctrine of Agency was propounded.

Case- Ramanna Dayaram Shetty vs International Airport Authority of India, 1979 SC

The Court laid down the following tests to determine whether a body is an agency or instrument of the State 

(1) Financial resources of the State is the chief funding source of the body. 

(2) Existence of deep and pervasive State control. 

(3) Functional character of the body is governmental in essence. 

(4) Department of Government is transferred to a corporation. 

(5) Whether the corporation enjoys monopoly status which is conferred or State protected. 

The Court further provided that these tests are not conclusive but illustrative only and will have to be used with care and caution. 

Case- Ajay Hasiya vs Khalid Mujib, 1981 SC

SC held that a society registered under the Societies Registration Act, 1898 , is an agency or "instrumentality of the State" and hence hence the 'State' within the meaning of Article 12.

Is Judiciary included in the word "State"? 

The judiciary, it is said, though not expressly mentioned in Article 12 , it should be included within the expression 'other authorities' since Courts are set up by Statute and exercise power conferred by law. 

Case- AR Antulay vs RS Nayak, 1988 SC

The Court can't pass an order or issue a direction which would be violative of Fundamental Rights of citizen, it can said that the expression "State" as defined in Article 12 of the Constitution includes judiciary also. 

Case- Riju Prasad Sharma vs State of Assam, 2015 SC

Sc held that when the Court is working under administrative capacity then it comes under State and when it is working under judicial capacity then it does not come under State. 

                                         - Anjali Singh &

                                           Deepak Kumar

                             (University of Allahabad)