Article 12 Meaning Of State For Fundamental Rights – Free PDF Download

Fundamental Rights

• Negative obligations on the part of ‘State’.
• FR’s Prohibit the State from acting against the interest of individuals.
• g. Article 15 prohibit the State from discriminating amongst its Citizens only on the grounds of Religion, Race, Caste, Sex or Place of Birth or any of them.
• Article 16- No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State
• FR’s also obligate the State to take some positive actions in the interests of Individuals
• Eg- Article 21A -Right to education.—The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.

What comes under the ambit of State for the purpose of FR’s?

• Article 12 answers this –
• Article 12. – Definition.—In this Part (ie. Part 3 of the Constitution- FR’), unless the context otherwise requires, “the State” includes –

1. the Government and Parliament of India and
2. the Government and the Legislature of each of the States and
3. all local authorities or
4. other authorities within the territory of India or under the control of the Government of India.

• all local authorities
• Section 3 (31) of THE GENERAL CLAUSES ACT, 1897
• “local authority” shall mean a municipal committee, district board, body of port Commissioners or other authority legally entitled to, or entrusted by the Government with, the control or management of a municipal or local fund
• other authorities within the territory of India or under the control of the Government of India-
• Ajay Hasia v. Khalid Mujib (1980)
• a landmark judgement by the Supreme Court of India in
• SC laid down a 6-factor test to determine whether an individual, corporation, or society was agency of the government, and therefore falling under the definition of the State for the purposes of Article 12 of the Constitution of India
• judgment delivered by Justice P. N. Bhagwati

The six factors were:

1. Whether the share-capital of the corporation is held by the Government e.g. PSUs like ONGC, Nuclear Power Corporation of India etc. and PSBs eg PNB, SBI etc.
2. Whether the financial assistance of the State meets almost the entire expenditure of the corporation
3. Whether the corporation enjoys a state-conferred or state-protected monopoly status eg, Nuclear Power Corporation of India

4. Whether there is deep and pervasive state control e.g. SBI
5. Whether the functions of the corporation are of public importance and closely related to Governmental functions. E.g. DISCOMS
6. Whether a department of Government has been transferred to a corporation

Latest Burning Issues | Free PDF

Sharing is caring!