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With reference to Article 12 of the Constitution, which of the statements given below is incorrect?
- a)Actions of a Gram Panchayat can be challenged in the courts if they violate the Fundamental Rights.
- b)Executive and legislative organs of Central and state governments are considered as ‘State’ under Article 12.
- c)Public Corporations and Undertakings fall within the definition of 'State'.
- d)A private body working as an instrument of theState is not considered as ‘State’.
Correct answer is option 'D'. Can you explain this answer?
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With reference to Article 12 of the Constitution, which of the statem...
- Option a is correct. All local authorities, that is, municipalities, panchayats, district boards, improvement trusts, etc. fall within the definition of ‘State’. Hence, actions of a Gram Panchayat can be challenged in the courts if they are violative of the Fundamental Rights.
- Option b is correct. Executive and legislative organs of Central and state governments are considered as ‘State’ under Article 12. This includes Government and Parliament of India as well as government and legislature of states.
- Option c is correct. All other authorities established by the government, that is, statutory or non-statutory authorities like LIC, ONGC, SAIL, etc. are considered as ‘State’. The Supreme Court also in number of decisions has held that Public Corporations and Undertakings fall within definition of 'State'.
- Option d is incorrect. According to the Supreme Court, even a private body or an agency working as an instrument of the State falls within the meaning of the ‘State’ under Article 12.
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With reference to Article 12 of the Constitution, which of the statem...
Explanation:
Definition of 'State' under Article 12:
- Article 12 of the Constitution defines the term 'State' for the purpose of enforcement of Fundamental Rights.
- It includes the Government of India, the Parliament of India, the Government and Legislature of each State, local authorities, and other authorities within the territory of India.
Incorrect Statement:
- The statement that a private body working as an instrument of the State is not considered as 'State' is incorrect.
- In certain cases, even private bodies performing public functions or exercising governmental powers can be considered 'State' under Article 12.
- The Supreme Court has held that if a private body is significantly controlled by the government or performs functions that are traditionally performed by the government, it can be considered 'State'.
Correct Statements:
- Actions of a Gram Panchayat can be challenged in the courts if they violate the Fundamental Rights.
- Executive and legislative organs of Central and state governments are considered as 'State' under Article 12.
- Public Corporations and Undertakings fall within the definition of 'State'.
Therefore, the incorrect statement is option 'D' that a private body working as an instrument of the State is not considered as 'State'.
Definition of 'State' under Article 12:
- Article 12 of the Constitution defines the term 'State' for the purpose of enforcement of Fundamental Rights.
- It includes the Government of India, the Parliament of India, the Government and Legislature of each State, local authorities, and other authorities within the territory of India.
Incorrect Statement:
- The statement that a private body working as an instrument of the State is not considered as 'State' is incorrect.
- In certain cases, even private bodies performing public functions or exercising governmental powers can be considered 'State' under Article 12.
- The Supreme Court has held that if a private body is significantly controlled by the government or performs functions that are traditionally performed by the government, it can be considered 'State'.
Correct Statements:
- Actions of a Gram Panchayat can be challenged in the courts if they violate the Fundamental Rights.
- Executive and legislative organs of Central and state governments are considered as 'State' under Article 12.
- Public Corporations and Undertakings fall within the definition of 'State'.
Therefore, the incorrect statement is option 'D' that a private body working as an instrument of the State is not considered as 'State'.
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With reference to Article 12 of the Constitution, which of the statements given below is incorrect?a)Actions of a Gram Panchayat can be challenged in the courts if they violate the Fundamental Rights.b)Executive and legislative organs of Central and state governments are considered as ‘State’ under Article 12.c)Public Corporations and Undertakings fall within the definition of 'State'.d)A private body working as an instrument of theState is not considered as ‘State’.Correct answer is option 'D'. Can you explain this answer?
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With reference to Article 12 of the Constitution, which of the statements given below is incorrect?a)Actions of a Gram Panchayat can be challenged in the courts if they violate the Fundamental Rights.b)Executive and legislative organs of Central and state governments are considered as ‘State’ under Article 12.c)Public Corporations and Undertakings fall within the definition of 'State'.d)A private body working as an instrument of theState is not considered as ‘State’.Correct answer is option 'D'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about With reference to Article 12 of the Constitution, which of the statements given below is incorrect?a)Actions of a Gram Panchayat can be challenged in the courts if they violate the Fundamental Rights.b)Executive and legislative organs of Central and state governments are considered as ‘State’ under Article 12.c)Public Corporations and Undertakings fall within the definition of 'State'.d)A private body working as an instrument of theState is not considered as ‘State’.Correct answer is option 'D'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for With reference to Article 12 of the Constitution, which of the statements given below is incorrect?a)Actions of a Gram Panchayat can be challenged in the courts if they violate the Fundamental Rights.b)Executive and legislative organs of Central and state governments are considered as ‘State’ under Article 12.c)Public Corporations and Undertakings fall within the definition of 'State'.d)A private body working as an instrument of theState is not considered as ‘State’.Correct answer is option 'D'. Can you explain this answer?.
With reference to Article 12 of the Constitution, which of the statements given below is incorrect?a)Actions of a Gram Panchayat can be challenged in the courts if they violate the Fundamental Rights.b)Executive and legislative organs of Central and state governments are considered as ‘State’ under Article 12.c)Public Corporations and Undertakings fall within the definition of 'State'.d)A private body working as an instrument of theState is not considered as ‘State’.Correct answer is option 'D'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about With reference to Article 12 of the Constitution, which of the statements given below is incorrect?a)Actions of a Gram Panchayat can be challenged in the courts if they violate the Fundamental Rights.b)Executive and legislative organs of Central and state governments are considered as ‘State’ under Article 12.c)Public Corporations and Undertakings fall within the definition of 'State'.d)A private body working as an instrument of theState is not considered as ‘State’.Correct answer is option 'D'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for With reference to Article 12 of the Constitution, which of the statements given below is incorrect?a)Actions of a Gram Panchayat can be challenged in the courts if they violate the Fundamental Rights.b)Executive and legislative organs of Central and state governments are considered as ‘State’ under Article 12.c)Public Corporations and Undertakings fall within the definition of 'State'.d)A private body working as an instrument of theState is not considered as ‘State’.Correct answer is option 'D'. Can you explain this answer?.
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