Introduction
Fundamental Rights form the cornerstone of the Indian Constitution and are enshrined in Part III (Articles 12 to 35). These rights are designed to protect individuals from arbitrary actions of the State and ensure the preservation of liberty, equality, and dignity.
The significance of Fundamental Rights was highlighted by the Supreme Court in Maneka Gandhi v. Union of India (1978), where the Court observed that these rights represent the basic values cherished by the people of India and serve to protect the dignity and freedom of every individual.
Since Fundamental Rights are primarily enforceable against the “State,” understanding the scope of Article 12 becomes essential.
What is Article 12?
Article 12 defines the term “State” for the purposes of Part III of the Constitution. It provides that unless the context otherwise requires, the term “State” includes:
- The Government and Parliament of India;
- The Government and Legislature of each State;
- All local authorities within the territory of India; and
- All other authorities within the territory of India or under the control of the Government of India.
The definition is inclusive rather than exhaustive, enabling courts to expand its scope through judicial interpretation.
Importance of Article 12
Fundamental Rights are generally enforceable against the State and its instrumentalities. Therefore, determining whether a body falls within the definition of “State” is crucial in deciding whether its actions can be challenged for violating Fundamental Rights.
Over time, the judiciary has adopted a liberal interpretation of Article 12 to ensure effective protection of constitutional rights.
Local Authorities under Article 12
The expression “local authority” refers to bodies entrusted with local self-government functions, such as:
- Municipal Corporations;
- Municipal Committees;
- District Boards;
- Panchayats; and
- Improvement Trusts.
In Mohammed Yasin v. Town Area Committee (1952), the Supreme Court held that a municipal body’s actions could be challenged if they infringed Fundamental Rights guaranteed under the Constitution.
Meaning of “Other Authorities”
The phrase “other authorities” has been interpreted broadly by the Supreme Court.
Universities as State
In Ujjain Bai v. State of Uttar Pradesh (1962), the Court held that a statutory university falls within Article 12 because it exercises statutory and administrative powers conferred by law.
Statutory Corporations
In Rajasthan Electricity Board v. Mohan Lal (1967), the Supreme Court ruled that statutory bodies created by legislation and empowered by law are covered under the term “other authorities.”
Subsequently, in Sukhdev Singh v. Bhagat Ram (1975), the Court held that:
- Oil and Natural Gas Commission (ONGC),
- Life Insurance Corporation (LIC), and
- Industrial Finance Corporation (IFC)
are “State” within the meaning of Article 12.
Instrumentality or Agency of the State
A significant expansion occurred in Ramana Dayaram Shetty v. International Airport Authority of India (1979), where the Supreme Court introduced the “instrumentality or agency” test.
The Court held that even if a body is not a statutory corporation, it may still be considered “State” if it functions as an instrumentality or agency of the government.
This principle was reaffirmed in Ajay Hasia v. Khalid Mujib Sehravardi (1981), where a society registered under the Societies Registration Act was held to be “State” because it was substantially controlled by the government.
Does Article 12 Include Incorporated Bodies?
Yes. Judicial interpretation has established that incorporated bodies such as statutory corporations, government companies, public sector undertakings, and even certain registered societies may fall within Article 12 if they perform public functions or operate as instrumentalities of the State.
The determining factor is not the form of the organization but the extent of governmental control and public character of its functions.
Is the Judiciary Included within the Definition of State?
The position of the judiciary under Article 12 has been a subject of constitutional debate.
In Naresh v. State of Maharashtra (1967), the Supreme Court held that courts acting in their judicial capacity are not included within the definition of “State” under Article 12.
However, the Court later clarified in A.R. Antulay v. R.S. Nayak (1988) that judicial orders cannot violate Fundamental Rights. This indicates that although the judiciary may not ordinarily be treated as “State” while exercising judicial functions, it remains bound by constitutional limitations and cannot act contrary to Fundamental Rights.
Therefore, while the traditional view excludes the judiciary from Article 12, constitutional jurisprudence recognizes that judicial actions must conform to the guarantees contained in Part III.
Conclusion
Article 12 serves as the gateway for enforcing Fundamental Rights against governmental authorities and public bodies. Through judicial interpretation, its scope has expanded considerably beyond the literal text of the Constitution.
Today, the term “State” includes not only the Union and State Governments but also local authorities, statutory corporations, government-controlled bodies, public sector undertakings, and other agencies functioning as instrumentalities of the government.
Although the judiciary is generally not regarded as “State” while exercising judicial functions, courts remain constitutionally obligated to uphold and protect Fundamental Rights.
The broad interpretation of Article 12 reflects the constitutional commitment to ensuring that public power, regardless of the form in which it is exercised, remains accountable to the rule of law and the guarantees of Fundamental Rights.
Disclaimer: This article is intended for educational and informational purposes only and should not be construed as legal advice.
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