Article 12 of Indian Constitution
Article 12 of Indian Constitution defines the term “State” for enforcing Fundamental Rights under Part III. Since Fundamental Rights mainly protect individuals from arbitrary state action, understanding the meaning of State is essential for constitutional law and UPSC preparation.
Article 12 also identifies the authorities against which citizens can seek remedies under Articles 32 and 226. Therefore, it plays a central role in constitutional governance, judicial review and the Rule of Law.
What Does State Include Under Article 12?
The term “State” includes:
- Government and Parliament of India
- Government and legislatures of states
- Local authorities such as municipalities, Panchayats and district boards
- Other authorities operating within India or under the control of the Government of India
The expression “other authorities” has been interpreted widely by the Supreme Court. It may include statutory corporations, government companies, societies and autonomous institutions.
Tests for Determining an Instrumentality of State
Courts examine several factors to decide whether a body is an instrumentality or agency of the government. These include:
- Government ownership of share capital
- Extensive financial assistance from the government
- Deep and pervasive administrative control
- Monopoly status granted or protected by the State
- Performance of functions of public importance
- Transfer of a government department to the organisation
However, no single test is final. Instead, courts examine the overall financial, functional and administrative relationship between the government and the body.
Important Supreme Court Cases
Rajasthan Electricity Board v. Mohan Lal (1967)
the Supreme Court held that statutory bodies could be treated as other authorities.
Sukhdev Singh v. Bhagatram (1975)
institutions such as ONGC, LIC and IFC were recognised as State.
R.D. Shetty v. International Airport Authority (1979)
developed the agency of State doctrine.
Ajay Hasia v. Khalid Mujib (1981)
the Court explained that even a registered society could be State if it functioned as a government instrumentality.
Pradeep Kumar Biswas v. Indian Institute of Chemical Biology (2002)
the Court emphasised financial, functional and administrative domination by the government.
Significance
Article 12 ensures that bodies exercising public power remain accountable to Fundamental Rights. It prevents the government from avoiding constitutional duties through corporations or autonomous institutions. It also strengthens judicial review, democratic accountability and the Rule of Law.
Conclusion
Article 12 of Indian Constitution serves as the foundation for enforcing Fundamental Rights against the State and its instrumentalities. Through progressive judicial interpretation, its scope has expanded beyond traditional government departments to include bodies that are financially, functionally and administratively controlled by the government.
UPSC Prelims: PYQs & Practice Questions
Previous Year Questions (Prelims)
Q: Which one of the following is included in the definition of ‘State’ under Article 12 of the Constitution of India?
(a) Government and Parliament of India
(b) Government and Legislature of each State
(c) Local and other authorities within the territory of India
(d) All of the above
Answer: (d) All of the above
Explanation:
Article 12 provides an inclusive definition of the term
“State” for the purpose of enforcing Fundamental Rights under Part III.
It includes:
1. The Government and Parliament of India
2. The Government and Legislature of each State
3. Local authorities such as Municipalities and Panchayats
4. Other authorities within India or under the control of the Government of India
Q: Consider the following entities regarding the scope of “Other Authorities” under Article 12 of the Indian Constitution:
1. Life Insurance Corporation of India (LIC)
2. Oil and Natural Gas Corporation (ONGC)
3. Board of Control for Cricket in India (BCCI)
Which of the entities given above fall under the definition of “State”?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3
Answer: (a) 1 and 2 only
Explanation:
LIC and ONGC are statutory corporations and have been treated as
instrumentalities of the State. In
Sukhdev Singh v. Bhagatram (1975), the Supreme Court held that such
public corporations can fall within the meaning of “State” under Article 12.
However, in Zee Telefilms Ltd. v. Union of India (2005), the Supreme
Court held that BCCI is not “State” under Article 12 because it is not
subject to deep and pervasive governmental control and its monopoly was not created
by the State.
Practice Questions
Q: With reference to Article 12 of the Indian Constitution, consider the following statements:
1. Private entities working as an agency or instrumentality of the State fall within the definition of ‘State’.
2. The judiciary, while performing purely judicial functions, is explicitly treated as ‘State’ under Article 12.
3. The Supreme Court applies the test of “deep and pervasive State control” to classify non-statutory bodies under Article 12.
Which of the statements given above are correct?
(a) 1 and 2 only
(b) 1 and 3 only
(c) 2 and 3 only
(d) 1, 2 and 3
Answer: (b) 1 and 3 only
Explanation:
Statement 1 is correct. In
R.D. Shetty v. International Airport Authority of India (1979) and
Ajay Hasia v. Khalid Mujib Sehravardi (1981), the Supreme Court held that even a non-statutory or private body may fall under Article 12 when it functions as an
instrumentality or agency of the State.
Statement 2 is incorrect. Superior courts are generally not treated as
“State” under Article 12 while discharging their purely judicial functions. However, their
administrative actions may be tested against Fundamental Rights.
Statement 3 is correct. In
Pradeep Kumar Biswas v. Indian Institute of Chemical Biology (2002), the Court emphasized whether the entity is financially, functionally and administratively dominated by, or under the
deep and pervasive control of the government.
Q: Which of the following criteria were formulated by the Supreme Court in the Ajay Hasia Case (1981) to determine whether an entity is an “Instrumentality or Agency of the State”?
1. Entire share capital held by the government.
2. Enjoyment of monopoly status conferred or protected by the State.
3. Functions performed are of public importance and closely related to governmental functions.
Select the correct answer using the code given below:
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3
Answer: (d) 1, 2 and 3
Explanation:
In Ajay Hasia v. Khalid Mujib Sehravardi (1981), the Supreme Court identified several indicative tests for determining whether a body is an instrumentality or agency of the State.
These include:
1. The entire or substantial share capital being held by the government.
2. Financial assistance from the State meeting a major part of the entity’s expenditure.
3. Deep and pervasive governmental control.
4. Monopoly status conferred or protected by the State.
5. Functions of public importance closely related to governmental functions.
6. Transfer of a government department to a corporation.
These factors are indicative rather than mechanically conclusive and must be assessed cumulatively.
UPSC Mains – Previous Year & Practice Questions
Mains Previous Year Questions
[15 Marks | 250 Words]
Question: “The definition of ‘State’ under Article 12 has evolved significantly through judicial pronouncements to ensure the protection of Fundamental Rights.” Analyze with reference to landmark Supreme Court judgments.
[15 Marks | 250 Words]
Question: “With the rise of privatization and outsourcing of public functions, the traditional boundary of ‘State’ under Article 12 faces severe strain.” Discuss.
[10 Marks | 150 Words]
Question: Critically examine whether the Judiciary falls within the ambit of ‘State’ under Article 12 of the Constitution of India.
[10 Marks | 150 Words]
Question: Examine the test of “Instrumentality of State” laid down by the Supreme Court in the Ajay Hasia and Pradeep Kumar Biswas cases.
[10 Marks | 150 Words]
Question: How does Article 12 serve as a foundational pillar for enforcing Fundamental Rights under Part III of the Indian Constitution?
Mains Practice Questions
[15 Marks | 250 Words]
Question: “The expansion of ‘Other Authorities’ under Article 12 by the judiciary prevents public bodies from hiding behind autonomous corporate shields.” Evaluate this statement in light of Public Interest Litigation.
[15 Marks | 250 Words]
Question: Discuss the impact of Article 12 on Public-Private Partnerships (PPPs) carrying out essential civic duties. Should such PPP entities be brought directly within the scope of Part III enforcement?
[10 Marks | 150 Words]
Question: Differentiate between statutory bodies, non-statutory bodies, and private bodies in the context of enforcement under Article 12. Illustrate your answer with relevant judicial precedents.
Article 12-FAQs
What is Article 12 of the Indian Constitution?
Article 12 defines the term “State” for the purpose of enforcing Fundamental Rights under Part III of the Constitution.
Why is Article 12 important?
Article 12 is important because Fundamental Rights are generally enforceable against the State and public authorities.
What does State include under Article 12?
State includes the Government and Parliament of India, State governments and legislatures, local authorities, and other authorities within India or under the control of the Government of India.
What are other authorities under Article 12?
Other authorities include bodies that act as an instrumentality or agency of the State due to deep government control, public functions, funding, or statutory status.
Which case laid down the test for instrumentality of State?
The Ajay Hasia case laid down important tests to determine whether a body qualifies as an instrumentality of the State under Article 12.
