Article 12 concept of state

Indian Constitution

1. Article 12 “Concept of State” 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. What is State?

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

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. What is Authority?

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.

7. Thank you