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Article 12 of the Indian Constitution – Definition of “State”
Introduction
Article 12 of the Indian Constitution is the starting point
of Part III, which deals with Fundamental Rights. For
enforcing Fundamental Rights, it is necessary to know against whom
these rights can be enforced. Article 12 defines the term “State” for
the purpose of Part III.
Fundamental Rights are primarily available against
the State, not against private individuals (with certain exceptions like
Articles 15(2), 17, 23, 24). Therefore, understanding the scope of “State”
under Article 12 is critical.
Text of Article 12
“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.”
Meaning of Article 12
- Purpose: Defines
who is “State” for enforcing Fundamental Rights.
- The
definition is inclusive, meaning it is broad and can expand
through interpretation.
Components of “State” under Article 12
1. Government and Parliament of India
o The Union Executive (President, Prime Minister, Council of Ministers)
o The Union Legislature (Lok Sabha, Rajya Sabha)
2. Government and Legislature of each State
o The State Executive (Governor, Chief Minister, Council of Ministers)
o The State Legislature (Legislative Assembly, Legislative Council)
3. All local or other authorities within the
territory of India
o Municipalities, Panchayats, District Boards, Improvement Trusts, Port Trusts, etc.
4. Authorities under the control of the
Government of India
o Bodies outside India but under Indian control (e.g., Indian Embassies abroad).
Scope of “Other Authorities”
The Constitution does not define “other authorities.” The
courts have interpreted it extensively:
Key Judicial Interpretations
1. University of Madras v. Shanta Bai (1954)
o Applied Ejusdem Generis (same kind principle).
o Interpreted narrowly, limiting to governmental authorities.
2. Rajasthan State Electricity Board v. Mohan
Lal (1967)
o Broadened definition.
o Held that any authority created by Constitution or statute with power to enforce laws is “State.”
3. Sukhdev Singh v. Bhagatram (1975)
o Statutory corporations like ONGC, LIC, IFC held as “State.”
4. R.D. Shetty v. International Airport
Authority (1979)
o Introduced Instrumentality or Agency Test: If a body is an instrumentality of the State, it is “State.”
5. Ajay Hasia v. Khalid Mujib (1981)
o Expanded scope to societies under Societies Registration Act if controlled by Government.
6. Pradeep Kumar Biswas v. Indian Institute of
Chemical Biology (2002)
o Gave six-point test for determining whether a body is “State”:
- Ownership by Government
- Financial assistance
- Monopoly status
- Deep and pervasive control
- Public importance functions
- Transfer of Government department
Judiciary as State?
- When
performing judicial functions, courts are not State.
- When
performing administrative functions (e.g., recruitment),
they are State.
Importance of Article 12
- Fundamental
Rights can be enforced under Article 32 (Supreme Court) and Article
226 (High Courts) only against the State.
- Expands
accountability to include government bodies, statutory
corporations, and instrumentalities performing public functions.
Private Bodies and Article 12
- Private
entities are not normally “State,” but:
- If
they perform public functions under State control, they can
be considered under writ jurisdiction.
- Zee
Telefilms Ltd. v. Union of India (2005) – BCCI was not held
as State.
Judicial Tests to Determine “State”
- Instrumentality
Test
- Financial
Control Test
- Functional
Test
- Deep
and Pervasive Control Test
Significance in Present Context
- With privatization
and public-private partnerships, defining “State” under Article 12 is
crucial to protect Fundamental Rights.
- Courts
often adopt a broad interpretation to prevent violation
of rights.
Conclusion
Article 12 provides a broad and dynamic definition to
ensure Fundamental Rights are enforceable against all authorities performing
governmental or public functions. This makes Part III effective in protecting
citizens against any misuse of power by State agencies or their
instrumentalities.
Here are 50 Multiple Choice Questions (MCQs) on
Article 12 of the Indian Constitution with answers and
explanations for competitive exams:
Basic Understanding (1–10)
1. Article 12 is part of which Part of the Constitution?
(a) Part I
(b) Part II
(c) Part III
(d) Part IV
Answer: (c)
Explanation: Article 12 begins Part III, which deals
with Fundamental Rights.
2. Which Articles does Part III of the Constitution contain?
(a) 12 to 35
(b) 14 to 35
(c) 10 to 32
(d) 15 to 30
Answer: (a)
Explanation: Part III covers Articles 12 to 35.
3. Article 12 defines the term:
(a) Citizen
(b) State
(c) Government
(d) Authority
Answer: (b)
Explanation: It defines “State” for the purpose of Part III.
4. Which of the following is included in the definition of
State under Article 12?
(a) Government and Parliament of India
(b) State Government and Legislature
(c) Local authorities
(d) All of these
Answer: (d)
Explanation: Article 12 includes all these components.
5. The definition of “State” under Article 12 is:
(a) Exhaustive
(b) Inclusive
(c) Exclusive
(d) Narrow
Answer: (b)
Explanation: It is inclusive, allowing for judicial
expansion.
6. Which term in Article 12 indicates wide interpretation?
(a) Subject to law
(b) All other authorities
(c) Notwithstanding
(d) Within the territory of India
Answer: (b)
Explanation: The phrase “other authorities” allows
expansion.
7. Which of the following is NOT covered under Article 12?
(a) Municipalities
(b) Public Corporations
(c) Private Companies
(d) Panchayats
Answer: (c)
Explanation: Private companies are not State, unless
under deep government control.
8. Fundamental Rights are enforceable against:
(a) State only
(b) Private individuals only
(c) Both State and some private individuals
(d) None of these
Answer: (c)
Explanation: Mainly against State, but some rights
(Articles 15(2), 17, 23, 24) apply to private individuals.
9. Does Article 12 mention Judiciary explicitly?
(a) Yes
(b) No
(c) Yes, but partially
(d) None
Answer: (b)
Explanation: Judiciary is not mentioned explicitly in
Article 12.
10. Which authority outside India is covered under Article
12?
(a) United Nations
(b) Indian Embassies abroad
(c) International Court of Justice
(d) World Bank
Answer: (b)
Explanation: Authorities under control of Government of
India (e.g., embassies) are covered.
Judicial Interpretations (11–20)
11. In which case was the term “other authorities” first
interpreted?
(a) Kesavananda Bharati case
(b) University of Madras v. Shanta Bai
(c) Maneka Gandhi case
(d) Minerva Mills case
Answer: (b)
Explanation: The first interpretation was in University of
Madras v. Shanta Bai (1954).
12. Which principle was applied in University of Madras case?
(a) Basic structure
(b) Instrumentality test
(c) Ejusdem Generis
(d) Separation of powers
Answer: (c)
Explanation: Ejusdem Generis was applied for narrow
interpretation.
13. Which case widened the definition of State?
(a) A.K. Gopalan v. State of Madras
(b) Rajasthan State Electricity Board v. Mohan Lal
(c) Indira Gandhi v. Raj Narain
(d) Menaka Gandhi v. Union of India
Answer: (b)
Explanation: Rajasthan SEB case gave a broad interpretation.
14. Which statutory corporations were held as “State” in
Sukhdev Singh case?
(a) ONGC, LIC, IFC
(b) RBI, SBI, BHEL
(c) UTI, NTPC, GAIL
(d) None
Answer: (a)
Explanation: ONGC, LIC, and IFC were declared as State.
15. Who introduced “instrumentality or agency” test?
(a) Supreme Court in R.D. Shetty case
(b) Parliament in an amendment
(c) Law Commission report
(d) None
Answer: (a)
Explanation: Introduced in R.D. Shetty v. International
Airport Authority (1979).
16. Which case laid down six-point test to determine “State”?
(a) Ajay Hasia v. Khalid Mujib
(b) Pradeep Kumar Biswas case
(c) Maneka Gandhi case
(d) Indira Sawhney case
Answer: (b)
Explanation: Pradeep Kumar Biswas case (2002) gave the
six-point test.
17. Judiciary is considered “State” when performing:
(a) Judicial functions
(b) Administrative functions
(c) Both
(d) Never
Answer: (b)
Explanation: Judiciary acts as “State” only in
administrative roles.
18. Which case held that BCCI is NOT a State under Article
12?
(a) R.D. Shetty case
(b) Zee Telefilms Ltd. v. Union of India
(c) Ajay Hasia case
(d) None
Answer: (b)
Explanation: Zee Telefilms case (2005) held BCCI not
State.
19. Which case overruled narrow interpretation of “other
authorities”?
(a) University of Madras case
(b) Rajasthan SEB case
(c) Menaka Gandhi case
(d) None
Answer: (b)
Explanation: Rajasthan SEB case (1967) expanded the
scope.
20. The concept of “State” in Article 12 ensures:
(a) Judicial supremacy
(b) Accountability for Fundamental Rights
(c) Parliamentary sovereignty
(d) Separation of powers
Answer: (b)
Explanation: It ensures Fundamental Rights enforcement
against State.
Practical & Scenario-Based (21–30)
21. Does a private university controlled by UGC fall under
Article 12?
(a) Yes
(b) No
(c) Yes, if funded by Government
(d) Only if Supreme Court declares
Answer: (c)
Explanation: If under deep and pervasive control, it
becomes “State.”
22. Which of these is NOT a local authority under Article 12?
(a) Municipal Corporation
(b) Zila Parishad
(c) Gram Panchayat
(d) Indian Railways
Answer: (d)
Explanation: Indian Railways is a statutory body, not a
local authority.
23. Is Delhi Metro Rail Corporation (DMRC) a “State” under
Article 12?
(a) Yes
(b) No
(c) Yes, partially
(d) None
Answer: (a)
Explanation: DMRC is under government control and funding,
so it is “State.”
24. If a company is 100% funded by Government, is it State?
(a) Always
(b) Never
(c) Depends on control and functions
(d) None
Answer: (c)
Explanation: Ownership alone is not enough; control and
functions matter.
25. Can a writ be filed against a private school for
violation of Article 14?
(a) Yes, always
(b) No
(c) Yes, if it receives government aid and performs public functions
(d) None
Answer: (c)
Explanation: If a private body performs public duty,
writ can apply.
Advanced Level MCQs (26–50)
26. Which feature of Article 12 makes it flexible?
(a) It is exhaustive
(b) It is rigid
(c) It uses inclusive language
(d) It mentions all authorities specifically
Answer: (c)
Explanation: The definition is inclusive, allowing
judiciary to expand its meaning.
27. The term "other authorities" in Article 12
refers to:
(a) Only local bodies
(b) Only government companies
(c) Any authority performing public duties
(d) Private bodies only
Answer: (c)
Explanation: Courts interpret it broadly to include authorities
performing public functions.
28. Article 12 applies to:
(a) Entire Constitution
(b) Only Part III
(c) Only Part IV
(d) Both Part III and IV
Answer: (b)
Explanation: It applies only to Part III (Fundamental
Rights).
29. Which of the following tests is used to determine whether
an authority is “State”?
(a) Residuary test
(b) Instrumentality or agency test
(c) Proportionality test
(d) Rule of law test
Answer: (b)
Explanation: Instrumentality test was laid down in R.D.
Shetty and Ajay Hasia cases.
30. The six-point test for determining “State” was given in
which case?
(a) Sukhdev Singh case
(b) Ajay Hasia case
(c) Pradeep Kumar Biswas case
(d) Indira Gandhi case
Answer: (c)
Explanation: Pradeep Kumar Biswas case (2002) laid down
six criteria.
31. Which of the following is NOT a factor in the six-point
test?
(a) Government ownership
(b) Government control
(c) Monopoly status
(d) Private shareholder majority
Answer: (d)
Explanation: Private shareholder majority has no role in
the test.
32. If a government-controlled company is disinvested to 49%
state share, is it “State”?
(a) Yes, always
(b) No
(c) Depends on degree of control
(d) None
Answer: (c)
Explanation: Control matters more than mere ownership.
33. The phrase “under the control of the Government of India”
in Article 12 covers:
(a) Private companies in India
(b) Authorities outside India under Indian control
(c) All international organizations
(d) None
Answer: (b)
Explanation: It applies to bodies under Indian control even
if outside India (e.g., embassies).
34. Which of these is an example of an “authority” under
Article 12?
(a) LIC
(b) ONGC
(c) Indian Railways
(d) All of the above
Answer: (d)
Explanation: All are government-controlled authorities.
35. Does a co-operative society formed under state law
automatically become “State”?
(a) Yes
(b) No
(c) Yes, if performing public duty under state control
(d) None
Answer: (c)
Explanation: If controlled by the government, it is treated as
State.
Case Law & Practical Questions (36–45)
36. In which case did SC hold that State includes statutory
corporations?
(a) Menaka Gandhi case
(b) Kesavananda Bharati case
(c) Sukhdev Singh case
(d) None
Answer: (c)
Explanation: Sukhdev Singh case declared statutory corporations as
State.
37. Which body was held NOT to be State under Article 12?
(a) BCCI in Zee Telefilms case
(b) LIC
(c) ONGC
(d) DMRC
Answer: (a)
Explanation: BCCI was held not State because of
lack of deep control.
38. Which of these factors make an authority “State”?
(a) Financial support
(b) Government control
(c) Public duty
(d) All of these
Answer: (d)
Explanation: All these factors are considered.
39. Which authority is always “State” under Article 12?
(a) Indian Army
(b) RBI
(c) Supreme Court (administrative functions)
(d) All of these
Answer: (d)
Explanation: All fall under State when performing administrative
functions.
40. Which law enforcement agency is “State” under Article 12?
(a) CBI
(b) NIA
(c) Police departments
(d) All
Answer: (d)
Explanation: All are government agencies, hence “State.”
41. Which of these companies will NOT be State?
(a) Fully private telecom company
(b) BSNL
(c) LIC
(d) ONGC
Answer: (a)
Explanation: A fully private company without State control is
not State.
42. Which Article makes writ petitions available against
State authorities?
(a) Article 32 & 226
(b) Article 12 & 13
(c) Article 14 & 21
(d) Article 368
Answer: (a)
Explanation: Writs can be filed under Articles 32 and 226.
43. The concept of “State” under Article 12 is linked to
which doctrine?
(a) Doctrine of basic structure
(b) Doctrine of reasonable classification
(c) Doctrine of enforcement of Fundamental Rights
(d) Doctrine of separation of powers
Answer: (c)
Explanation: It is linked to enforcement of Fundamental
Rights.
44. Which statement is true about Judiciary as “State”?
(a) Always State
(b) Never State
(c) State in administrative capacity
(d) State only during trial
Answer: (c)
Explanation: Judiciary is “State” when performing administrative
functions.
45. Which of these falls under “local authority” in Article
12?
(a) Municipalities
(b) District Boards
(c) Improvement Trusts
(d) All of these
Answer: (d)
Explanation: All are local authorities under Article 12.
Current Affairs & Application (46–50)
46. Which Article immediately follows Article 12?
(a) Article 13 – Laws inconsistent with Fundamental Rights
(b) Article 14 – Equality before law
(c) Article 10 – Continuance of citizenship
(d) Article 11 – Power to regulate citizenship
Answer: (a)
Explanation: Article 13 follows Article 12.
47. Fundamental Rights are available primarily against:
(a) State
(b) Citizens
(c) Foreigners
(d) Both State and Citizens equally
Answer: (a)
Explanation: Primarily against State, except some
rights against private individuals.
48. The term “State” in Article 12 does NOT include:
(a) Union Territories
(b) Public Sector Undertakings
(c) Judiciary in its judicial role
(d) Legislature of States
Answer: (c)
Explanation: Judiciary is not State in its judicial
capacity.
49. Which of the following phrases in Article 12 expands its
meaning?
(a) “Other authorities”
(b) “Nothing in this Part”
(c) “Within the territory of India”
(d) “Control of Government of India”
Answer: (a)
Explanation: “Other authorities” makes the definition wide and
flexible.
50. Which of these statements is correct about Article 12?
(a) It is exhaustive and final
(b) It is inclusive and open to interpretation
(c) It limits Fundamental Rights to citizens
(d) It applies to Part IV
Answer: (b)
Explanation: It is inclusive and interpreted broadly by
courts.
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