ARTICLE 12 – STATE
Introduction
Fundamental Rights (Part III of the Constitution) protect individuals against actions that violate basic human freedoms. These rights are enforceable through constitutional remedies under Article 32 (Supreme Court) and Article 226 (High Courts).
However, writs can only be issued against the State, therefore understanding the meaning and scope of the term “State” under Article 12 becomes essential.
Text of Article 12
“The State includes the Government and Parliament of India, and the Government and 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.”
Key Components of Article 12
| Category | Constitutional Bodies Included |
| Union Executive | President, Vice-President, PM & Council of Ministers |
| State Executive | Governor, CM & Council of Ministers |
| Union Legislature | Parliament – Lok Sabha, Rajya Sabha |
| State Legislature | Legislative Assembly, Legislative Council |
| Local Authorities | Municipalities, Panchayats, District Boards, Local development authorities |
| Other Authorities | Any instrumentality or agency performing public/governmental functions |
IS JUDICIARY INCLUDED IN ARTICLE 12?
| Case | Principle |
| Naresh Shridhar Mirajkar v. State of Maharashtra (1966) | Judiciary is not State when acting judicially. |
| A.R. Antulay v. R.S. Nayak (1988) | Courts cannot issue orders violating fundamental rights. |
| Riju Prasad Sarma v. State of Assam (2015) | Superior judiciary performing judicial functions is not State. |
Conclusion
- Judiciary is State only when performing administrative or non-judicial functions (exam administration, employment matters, internal decisions).
- When acting judicially, it is not State, hence writ under Article 32 cannot challenge judicial orders.
LOCAL AUTHORITIES
Local Authority Definition
Section 3(31), General Clauses Act, 1897
Municipal Committee, District Board, Body of Commissioners etc., managing local funds.
Examples: Municipal Corporations, Municipal Councils, Panchayats, Development Authorities (LDA, DDA, HUDA).
OTHER AUTHORITIES
Not defined in Constitution—scope developed through judicial interpretation.
Important Case Laws
| Case | Principle / Ratio | Result |
| University of Madras v. Shantabai (1954) | Ejusdem generis applied: Only authorities performing governmental functions are included. | University not State |
| Ujjambai v. State of U.P. (1961) | Ejusdem generis not applicable to Article 12. | Broadened scope |
| Rajasthan Electricity Board v. Mohan Lal (1967) | Bodies created by statute performing public duties are State. | Electricity Board is State |
| Sukhdev v. Bhagatram (1975) | LIC, ONGC, IFC—regulations having force of law → State | PSUs performing sovereign character |
| R.D. Shetty v. Airport Authority (1979) | Laid down 6-factor test for agency/instrumentality | Airport Authority = State |
| Som Prakash v. UOI (1980) | Statutory companies performing public duties are State | Indian Petroleum Corp |
| Ajay Hasia v. Khalid Mujib (1981) | Society receiving deep state control is State | Regional Engineering College = State |
| NCERT v. Chander Mohan Khanna (1992) | Minimal govt control, partially govt funding | NCERT not State |
| Pradeep Kumar Biswas v. CSIR (2002) | Deep & pervasive control → State | CSIR = State |
| Zee Telefilms Ltd v. Union of India (2005) | No govt control, no statute → Not State | BCCI not State |
| Dr. Janet Jeyapaul v. SRM University (2016) | Performing public duty (education) → amenable to writ under Art. 226 | Maintainable |
Tests to Determine ‘Other Authorities’ (Instrumentality Test)
(From R.D. Shetty and Ajay Hasia)
- Entire share capital held by Government
- Financial support by State meets major expenditure
- Deep and pervasive control of Govt
- Public-importance functions related to government
- Government department transferred to corporation
- Monopoly status granted by State
WRITS AGAINST COURTS?
Writs like Certiorari, Prohibition & Mandamus can be issued by higher court to lower courts, when:
- lower court exceeds jurisdiction
- acts without jurisdiction
- violates natural justice principles
Conclusion & Importance
- Article 12 expands the meaning of State to include agencies acting as government instrumentality.
- Ensures government cannot escape responsibility by delegating functions to corporations or private bodies.
- Protects citizens by widening the scope of judicial review.
Write a short note on Article 12 – State with case law.
Explain whether Judiciary falls within the definition of State.
Discuss the tests laid down in R.D. Shetty and Ajay Hasia Cases.
MCQs – ARTICLE 12 (STATE)
1. Article 12 is part of which portion of the Indian Constitution?
(A) Part II
(B) Part III
(C) Part IV
(D) Part IVA
Answer: (B)
2. Article 12 defines the term:
(A) Constitution
(B) State
(C) Citizenship
(D) Legislature
Answer: (B)
3. Which of the following is included within the definition of State under Article 12?
(A) Municipalities
(B) Panchayats
(C) District Boards
(D) All of the above
Answer: (D)
4. Parliament and Legislature of States are included under Article 12 because:
(A) They are central organs of governance
(B) They make laws affecting Fundamental Rights
(C) They perform sovereign functions
(D) All of the above
Answer: (D)
5. Which of the following bodies is NOT originally included in Article 12?
(A) Union Government
(B) State Government
(C) Judiciary acting judicially
(D) Local Authorities
Answer: (C)
6. In which case was it held that “Judiciary is not State when performing judicial functions”?(A) A.K. Gopalan v. State of Madras
(B) Naresh Mirajkar v. State of Maharashtra
(C) Golaknath v. State of Punjab
(D) Keshavananda Bharati v. State of Kerala
Answer: (B)
7. Which case expanded the meaning of ‘other authorities’ under Article 12?
(A) Keshavananda Bharati case
(B) Ujjambai v. State of UP
(C) Maneka Gandhi case
(D) ADM Jabalpur case
Answer: (B)
8. Which case held that Rajasthan Electricity Board is a State under Article 12?
(A) Sukhdev v. Bhagatram
(B) R.D. Shetty v. International Airport Authority
(C) Rajasthan Electricity Board v. Mohan Lal
(D) Ajay Hasia v. Khalid Mujib
Answer: (C)
9. LIC, ONGC, and IFC were held to be ‘State’ under Article 12 in which case?
(A) Sukhdev v. Bhagatram
(B) Ajay Hasia v. Khalid Mujib
(C) Pradeep Kumar Biswas v. CSIR
(D) Som Prakash v. Union of India
Answer: (A)
10. Which case laid down the 6-factor instrumentality test?
(A) Golaknath Case
(B) R.D. Shetty Case
(C) Minerva Mills Case
(D) Champakam Dorairajan Case
Answer: (B)