Article 12 of the Constitution of India with Important Case Laws | Important Acts and Laws for Judiciary Exams PDF Download

Introduction

• The Constitution of India ensures Fundamental Rights for all citizens under Part III.
• These rights are akin to basic human rights globally recognized and apply to every citizen irrespective of factors like gender, caste, religion, or place of birth.
• Fundamental Rights can only be enforced against the State and its representatives, not against private individuals or entities.
• The State is responsible for safeguarding these rights, making it the primary target in cases of alleged violations.
• Article 12 of the Indian Constitution defines the term "State" to determine the entities against which Fundamental Rights can be claimed.
• This definition is inclusive and not exhaustive, allowing for a broader interpretation by the judiciary.

Understanding Fundamental Rights

• Fundamental Rights in India are rights guaranteed to all citizens under Part III of the Constitution.
• These rights are considered essential for the well-being and dignity of individuals.
• They are enforceable against the State and its representatives, ensuring protection from arbitrary actions.
• Examples include the right to equality, right to freedom of speech, right against exploitation, and right to constitutional remedies.

Defining the State

• Article 12 of the Constitution outlines the meaning of "State" concerning the enforcement of Fundamental Rights.
• The term "State" extends beyond traditional government institutions to encompass other entities exercising governmental functions.
• For instance, bodies discharging public duties, statutory corporations, and even private entities fulfilling public functions may fall under the definition of "State."
• Such a broad interpretation ensures that Fundamental Rights remain protected against a wide range of entities.
• Significance of Fundamental Rights:
  • Fundamental Rights are crucial for upholding individual liberties and ensuring social justice.
  • They form the cornerstone of a democratic society by guaranteeing essential freedoms and protections.
  • Violation of Fundamental Rights can lead to legal remedies and actions against the State or its representatives.
  • These rights act as a check on governmental power, preventing abuse and ensuring accountability.

Understanding Article 12 of the Constitution of India

Components of the State

• Union Government: The Union Government comprises the legislative and executive branches, such as the Indian Government, Rajya Sabha, and Lok Sabha.
• State Governments: State Governments encompass their legislative and executive bodies, including legislative assemblies and councils.
• Local Authorities: Local bodies like municipalities, panchayats, district boards, and improvement trusts are integral parts of the State.
• Statutory and Non-Statutory Authorities: Entities like the National Human Rights Commission, National Law Commission, Central Bureau of Investigation, Lokpals, and Lokayuktas are also considered as State components.

Application of Article 12 of the Constitution of India

• Applicability: Article 12 of the Indian Constitution applies to all governing bodies, local authorities, and other entities operating within the territorial boundaries of India.
• Scope of Territory: The definition of India's territory, as mentioned in Article 1(3) of the Constitution, is crucial in understanding the applicability of Article 12. Article 1(3) specifies that India's territory comprises the territories of all states, Union Territories listed in Schedule I, and any additional territories that may be acquired over time.
• Interpretation: Courts have affirmed that the scope of India's territory aligns with the provisions of Article 1(3) of the Constitution.
• Example: For instance, if a legal dispute arises involving a local government body in India, Article 12 would be invoked to determine the applicability of fundamental rights within that context.

Union and State Governments

• The governmental structure in India consists of the Legislature, Executive, and Judiciary at both the Union and State levels.
• At the Union level, the Parliament includes two houses: Lok Sabha and Rajya Sabha, responsible for making laws.
• State legislatures are in charge of legislation at the state level, and any law conflicting with Fundamental Rights can be challenged in court.
• The Executive branch comprises the President, Prime Minister, Council of Ministers, police officers, and bureaucrats.
• Article 12 of the Indian Constitution lists Union and state legislatures and governments, excluding the judiciary.
• The judiciary's exclusion from Article 12 implies that judicial decisions are not automatically subject to Fundamental Rights scrutiny.
• However, administrative actions of the judiciary can be questioned for violations of Fundamental Rights.
• A distinction is made between the judicial and non-judicial functions of the judiciary to ensure accountability.
• The Supreme Court has emphasized the judiciary's role in resolving conflicts and provided mechanisms like appeal and judicial review for oversight.

Local Authorities under Article 12 of the Constitution of India

• Definition of Authority: An "Authority" refers to any individual or body with the power to issue commands.
• Local Authorities Empowerment: Local authorities are empowered to create rules, regulations, bye-laws, and orders with the force of law.
• Definition of Local Authority: According to Section 3(31) of the General Clauses Act, 1897, a local authority includes municipal committees, district boards, and other bodies entrusted by the government for municipal or local fund control.
• Inclusion under Local Government: Local authorities like municipal boards, district boards, improvement trusts, and village administration bodies fall under the umbrella of local government.
• Village Panchayats: Village panchayats, constituting village administration, are recognized as a part of the local government structure.

Criteria for Local Authority Status

• Separate Corporate Existence: A local authority must exist as a distinct legal entity.
• Legal Independence: It should have legal independence beyond its government function.
• Defined Jurisdiction: The authority must have a clear operational jurisdiction.
• Local Resident Election: It should be elected directly or indirectly by local residents.
• Autonomous Powers: The authority must possess some degree of autonomous decision-making power.
• Statutory Existence: It should have a statutory basis defining its functions, typically related to delegated functions in the State List under the VIIth Schedule.
• Independent Funding: The authority should be financially independent, funding its operations through taxes, fees, or other charges.

Other Authorities under Article 12 of the Constitution of India

• Definition of "Other Authorities": The term "other authorities" in Article 12 of the Constitution of India is a broad concept that has not been precisely defined by any legislation. It encompasses entities beyond the government that can still be considered as part of the State, leading to various interpretations and legal challenges.
• Delegation of Powers: Both legislative and executive powers of the government can be delegated to different departments and autonomous bodies such as companies, corporations, and trusts. The key factor in determining whether actions against violations of Fundamental Rights by these bodies are valid is to establish if the functions performed are in their capacity as delegated entities of the State.
• Application of Ejusdem Generis: Ejusdem Generis is a rule of interpretation suggesting that when specific words are followed by a general term, the general term is limited to things of the same nature as the specific words. In the context of Article 12, the phrase "and other authorities" must be understood in conjunction with terms like local authorities, state, and central governments. However, the Supreme Court has ruled that "other authorities" cannot be restricted to these specific categories to ensure the effective enforcement of Fundamental Rights.
• Interpretation by the Judiciary: While the Court acknowledged the application of Ejusdem Generis to some extent for entities carrying out governmental or sovereign functions, it expanded the scope of "other authorities" to include all authorities created by statutes with legal powers, regardless of the nature of their functions. This means that entities engaged in commercial activities may still fall under the definition of State if they possess legal authority vested by statutes.

Control of Government of India

• Government Functions Delegation:
  • Government bodies need not directly perform all functions but should exercise some level of control over them.
• Criteria for Statehood:
  • Statehood is not solely determined by being a statutory body or not.
  • Bodies can achieve statehood if funded or controlled by the government in any form.
• Examples of State Entities:
  • Bangalore Municipal Corporation
  • Delhi Transport Corporation
  • Oil and Natural Gas Commissions
  • Electricity Boards
• Non-State Qualification:
  • NCERT does not qualify as a State due to lack of financial or administrative government influence.
• Definition of Statehood:
  • The concept of State is broad, not rigidly defined by the recent legal interpretations.
  • The seven-step test is not strictly applied; meeting any criteria can confer statehood.
• Critical Control Factors:
  • Government control must be financial, functional, and administrative, specifically tailored to the entity.
  • The control exerted should be substantial and overarching.

Conclusion

• The mere inclusion of Fundamental Rights in the Constitution isn't sufficient unless there's a corresponding duty to ensure their implementation and protection. This is why the judiciary has adopted an approach to broaden the scope of Article 12, aligning with the framers' intentions. Article 12 aims to define this duty and designate the responsible parties for implementation.
• Through analyzing the provisions of Article 12 and its key terms such as "local authorities," "other authorities," and "control of government," the judiciary has set precedents to clarify each term and delineate the extent of Article 12's applicability. This ensures a clear understanding of the correlative duty and the entities responsible for upholding Fundamental Rights.