Definition of State under Article 12 | Important Acts and Laws for Judiciary Exams PDF Download

Definition of State under Article 12

• The definition of the term "State" under Article 12 of the Indian Constitution is crucial.
• Article 12 outlines that "State" encompasses various entities.
• These include the government and Parliament of India, state governments and legislatures, and local authorities within Indian territory or under Indian government control.
• The concept of "State" extends beyond governmental bodies to encompass entities wielding power within Indian territory.
• This definition is pivotal in delineating the ambit of fundamental rights safeguarded by the Constitution.

Importance of Article 12 of the Indian Constitution

• Article 12 in the Indian Constitution outlines the meaning of the term "State" as used in different sections of the Constitution.
• The definition of State under Article 12 specifically includes the central government, state governments, and all local or other authorities in India or under Indian government control.
• Article 12 holds significance as it clearly delineates the boundaries and coverage of the term "State," crucial in fundamental rights provisions like Articles 14, 15, and 21.
• These constitutional provisions ensure equality before the law, forbid discrimination on various grounds, and safeguard life and personal liberty.
• By encompassing all local and other authorities within India or under Indian government jurisdiction in the State's definition, Article 12 mandates these entities to adhere to the fundamental rights enshrined in the Constitution.
• Any infringement of these rights by such authorities can be legally contested in the courts, thanks to the clarity provided by Article 12.

The government and the Parliament of India

Executive Branch

• The executive branch in India comprises the President, Vice President, Prime Minister, and the Council of Ministers.
• For example, the President of India serves as the ceremonial head of the nation, while the Prime Minister is the head of government responsible for running the administration.

Legislative Branch

• The legislative branch consists of the Members of Parliament (MPs) who are elected representatives in the Lok Sabha and the Rajya Sabha.
• MPs play a crucial role in law-making and representing the interests of their constituents at the national level.

Judicial Branch

• The judicial branch ensures the interpretation and application of laws in India.
• For instance, the Supreme Court of India is the highest judicial body responsible for upholding the Constitution and ensuring justice.

The Government and Legislature of Each State in India

• State Government Structure: This encompasses the executive, legislative, and judicial branches at the state level in India. Each state operates with its own government system.
• Components of State Government:
  • Chief Minister: The head of the state government responsible for leading the executive branch and implementing government policies.
  • Council of Ministers: A group of ministers appointed by the Chief Minister to oversee various government departments and functions.
  • Members of the Legislative Assembly (MLAs): Elected representatives who form the lower house of the state legislature and participate in lawmaking.
  • Members of Legislative Council (MLCs): If a state has a Legislative Council, these members serve in the upper house of the state legislature, complementing the functions of the Legislative Assembly.

All local or other authorities within the territory of India or under the control of the Indian government

• This category encompasses all bodies and authorities established within the Indian territory or under the governance of the Indian state.
• It includes entities formed under the Constitution, such as municipal corporations, panchayats, zilla parishads, and various local self-governing bodies.
• Additionally, this extends to any authority instituted by the Indian government, like public sector undertakings and autonomous organizations.

What are local authorities?

• Local authorities are bodies such as Municipal Committees or Notified Area Committees that have the power to make decisions and enforce regulations within a specific geographic area.
• In the case of Mohammed Yasin v. Town Area Committee, the Supreme Court of India ruled that Municipal Committees imposing fees on wholesale dealers can be considered as State authorities. Such actions need to align with constitutional rights, as per Article 19(1)(g) of the Indian Constitution.
• For instance, a prescribed fee that completely hinders a wholesale dealer's business was deemed unconstitutional as it violated the right to carry on trade or business.
• Similarly, in the case of Shri Ram v. The Notified Area Committee, a fee imposed under Section 29 of the Uttar Pradesh Municipalities Act, 1959 was found invalid. This fee infringed upon the fundamental right to engage in trade or business protected by Article 19(1)(g) of the Indian Constitution.

Meaning of other authorities for State under Article 12

Application of Ejusdem Generis

• Ejusdem Generis is an interpretative tool that suggests when specific words are followed by a general term, the general term is limited to the same kind of specific words that come before it.
• For Article 12, the phrase "and other authorities" should be understood in the context of preceding terms like local authorities, state, and central governments.
• An exception to this rule was made by the Supreme Court in the Ujjain Bai v. State of U.P. case, where "other authorities" were not limited to local authorities or state and union governments.

Sukhdev Singh v. Bhagatram Sardar Singh Raghuvanshi (1975)

• The Supreme Court ruled that the Oil and Natural Gas Commission (ONGC), a government-owned corporation, falls under "other authorities" in Article 12.
• ONGC's activities were considered public functions subject to judicial review.

Rajasthan Electricity Board v. Mohan Lal (1967)

• The Supreme Court determined that the Rajasthan Electricity Board is an "other authority" under Article 12, engaging in public functions subject to judicial review.

Ajay Hasia v. Khalid Mujib Sehravardi (1981)

• In the Ajay Hasia case, the Supreme Court held that private educational institutions receiving significant government funding could be considered "other authorities" under Article 12.
• Such institutions were seen as performing public functions and thus fell under the High Court's writ jurisdiction.

Pradeep Kumar Biswas v. Indian Institute of Chemical Biology (2002)

• The Supreme Court ruled that the Indian Institute of Chemical Biology is an "other authority" under Article 12 due to substantial government financing, making it subject to High Court writ jurisdiction.

Ramana Dayaram Shetty v. International Airport Authority of India (1979)

• The Supreme Court decided that the International Airport Authority of India qualifies as an "other authority" under Article 12 as an instrumentality of the State and thus subject to High Court writ jurisdiction.

Bharat Petroleum Corporation Ltd. v. N. R. Vairamani (2004)

• In this case, the Supreme Court recognized Bharat Petroleum Corporation Ltd. (BPCL) as an "other authority" under Article 12 because it is a government company, making its actions reviewable under High Court writ jurisdiction.

Guidelines for Determining an "Other Authority" under Article 12

• Existence of a statutory authority: An entity must be established by a law that outlines its powers and duties. This ensures that the entity operates within a legal framework.
• Functional character: The entity should be involved in carrying out public functions or providing essential public services. For example, entities managing public infrastructure like airports or utilities fall under this category.
• Financial autonomy: The entity must have financial independence or have its finances closely linked to the government. This ensures transparency and accountability in its financial operations.
• Government control: The entity should be under significant government oversight and control. This control helps in ensuring that the entity acts in the public interest and in accordance with legal mandates.

According to the Supreme Court in the case of Ramana Dayaram Shetty v. International Airport Authority of India, entities meeting most or all of these criteria can be classified as "other authorities" under Article 12 of the Indian Constitution. Even if an entity is not explicitly created by a statute, it can still be considered an "other authority" if it fulfills the stipulated conditions.

Entities falling under the definition of "other authorities" are subject to the writ jurisdiction of both High Courts and the Supreme Court. This means that their actions can be legally challenged in court if they violate fundamental rights or act unlawfully or arbitrarily.

Status of BCCI under the Indian Constitution

• Legal Interpretation of Article 12: The Indian Constitution's Article 12 has sparked legal debates, notably exemplified in the case of Zee Telefilms v. Union of India (AIR 2005 SC 2677).
• BCCI's Non-State Status: The Supreme Court ruling in the aforementioned case established that the Board of Control for Cricket in India (BCCI) does not qualify as a "State" under Article 12.
• Criteria for State Classification: To be considered a "State," an entity must fulfill specific criteria, such as being established by a statute and exhibiting significant government influence financially, functionally, and administratively.
• Significance of the Ruling: This decision is crucial as it sets a precedent that not all bodies or organizations automatically fall under the definition of "State" as per Article 12.

Understanding the Judiciary under Article 12 of the Indian Constitution

• Definition of "State" under Article 12: The term "State" as per Article 12 of the Indian Constitution encompasses the government and Parliament of India, the government and Legislature of each state, and all local or other authorities within the territory of India or under the control of the Government of India.
• Position of the Judiciary: While the Judiciary isn't explicitly listed as an "other authority" under Article 12, it plays a crucial role in interpreting the Constitution and safeguarding citizens' fundamental rights.
• Judiciary and Fundamental Rights: The Judiciary, despite not being categorized as an "other authority," has been acknowledged by the Supreme Court as part of the State for the enforcement of fundamental rights under the Constitution.
• Legal Precedents: In the case of Naresh Shridhar Mirajkar v. State of Maharashtra (1967), the Supreme Court emphasized that the Judiciary may come under the writ jurisdiction of the High Court and Supreme Court in specific circumstances.
  In R.S. Nayak v/s A.R. Antulay (1984), a challenge to the Maharashtra State Road Development Corporation Act was brought forth, questioning the transfer of cases from the High Court to Administrative Tribunals.
• Constitutional Review and Judiciary: Despite not falling under the definition of "State" in Article 12, the Judiciary is bound by the Constitution, ensuring adherence to principles like separation of powers and judicial independence.

Conclusion

• Article 12 of the Indian Constitution delineates the term "State," encompassing the government, Parliament, and all local or other authorities within India's territory or under the Government of India's control. The interpretation of "other authorities" by the Supreme Court extends broadly to entities exercising public functions or state-like powers, as established in the Ramana Dayaram Shetty case.
• Though the Judiciary isn't explicitly labeled as an "other authority" under Article 12, it holds a significant place within India's constitutional framework. The Judiciary is entrusted with upholding the rule of law and safeguarding fundamental rights. Despite its unique position, the Supreme Court has affirmed that the Judiciary is bound by the Constitution's principles, including the separation of powers and judicial independence.