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| What is Article 12 of indian constitution |
Article 12 of the Indian Constitution is the first article under Part III – Fundamental Rights. It provides the definition of the term "State" for the purpose of applying fundamental rights.
🔹 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.”
🔍 Explanation:
Article 12 clarifies which entities are included under the term "State" when it comes to enforcing Fundamental Rights (Articles 14 to 32). This means that if any of these bodies violate a citizen's fundamental rights, a person can seek legal remedy against them.
✅ Entities Included under Article 12:
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Central Government – Union Government (Executive & Parliament)
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State Governments – State Executives & Legislatures
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Local Authorities – Municipalities, Panchayats, District Boards, etc.
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Other Authorities – Includes statutory or non-statutory bodies like public sector undertakings, universities, LIC, ONGC, etc., if they perform public functions or are controlled by the government.
🧑⚖️ Judicial Interpretation:
Over time, Indian courts have expanded the definition of “State”. According to various judgments (like R.D. Shetty v. International Airport Authority and Ajay Hasia v. Khalid Mujib Sehravardi), even private bodies may be considered "State" if:
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They are financially, functionally, and administratively dominated by the government.
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They perform public functions.
📌 Importance of Article 12:
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It sets the scope of whom fundamental rights can be enforced against.
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Without Article 12, it would not be clear which bodies can be challenged in court for violating fundamental rights.
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