UPSC Exam > UPSC Videos > Laxmikanth for Indian Polity: Summaries, MCQs & videos > Fundamental Rights, Article 12 : Meaning of State
Fundamental Rights, Article 12 : Meaning of State Video Lecture | Laxmikanth for Indian Polity: Summaries, MCQs & videos - UPSC
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FAQs on Fundamental Rights, Article 12 : Meaning of State Video Lecture - Laxmikanth for Indian Polity: Summaries, MCQs & videos - UPSC
| 1. What is the meaning of the term "State" in Article 12? |  |
Ans. In the context of Article 12 of the Constitution, the term "State" refers to the government and its various organs, including the executive, legislature, and judiciary. It also includes entities controlled or owned by the government, such as public authorities, corporations, and agencies.
| 2. Does the term "State" in Article 12 include private entities? | |
Ans. No, the term "State" in Article 12 does not include private entities. It only encompasses governmental bodies and entities that are under its control or ownership. Private companies or individuals are not considered "State" under this article, and their actions are governed by other laws and regulations.
| 3. Can non-governmental organizations (NGOs) be considered "State" under Article 12? | |
Ans. Non-governmental organizations (NGOs) are generally not considered "State" under Article 12 unless they are substantially financed, directly or indirectly, by the government or if they are under its control. The mere registration or recognition of an NGO by the government does not automatically make it a part of the "State" for the purposes of this article.
| 4. What are the implications of being classified as "State" under Article 12? | |
Ans. Being classified as "State" under Article 12 is significant as it brings certain obligations and responsibilities. It means that the entity or organization falls within the scope of fundamental rights guaranteed by the Constitution, and any violation of these rights can be challenged in court. It also means that the entity must adhere to the principles of equality, fairness, and non-discrimination in its actions and policies.
| 5. Can a private company be considered "State" if it performs public functions? | |
Ans. Yes, a private company can be considered "State" under Article 12 if it performs public functions that are traditionally performed by the government. This concept is known as "State instrumentalities" or "functional approach." In such cases, despite being a private entity, the company is deemed to be performing a governmental function and is subject to constitutional obligations and scrutiny. The determination of whether a private company qualifies as a "State" under this criteria is made on a case-by-case basis by the courts.
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