Article 12 of the Indian Constitution is found within Part III, which deals with Fundamental Rights. This article provides a definition for the term "State" as used in this part of the Constitution.
Article 12 reads as follows:
"In this Part, unless the context otherwise requires, the State includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India."
Implications of Article 12:
1. Wide Scope: The definition is of considerable significance as the fundamental rights are enforceable against the "State" as defined in Article 12. The wide scope of this definition ensures that not just the traditional arms of the government but also other entities that perform essential public functions or are significantly controlled by the government fall within its ambit.
2. Includes Various Authorities: The term "State" is not limited to the legislative or executive machinery of the union or the states. It also includes local bodies like municipalities, panchayats, and even autonomous entities if they have governmental functions or are significantly controlled by the government.
3. Judicial Interpretation: Over the years, the judiciary has played an essential role in interpreting what constitutes "other authorities" under Article 12. Generally, bodies or entities which have statutory or governmental powers or are financed significantly by the government or are under the functional control of the government are considered "State" under this Article.
The inclusion of such a broad definition in Article 12 ensures that individuals' fundamental rights are not just protected from violations by the traditional government entities but also from other bodies that may, in their functions, impact these rights.
