Article 12 of Constitution of India – Definition
Article 12 of Constitution of India defines the term “State” as used in Part III, which deals with Fundamental Rights, to include 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
Original text of Article 12 of Constitution of India
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.
Questions related to Article 5 of Constitution of India
Article 12 defines the term “State” for the purpose of Part III of the Constitution of India, which deals with Fundamental Rights. It includes the government, Parliament, state legislatures, local authorities, and other bodies under government control.
It matters because Fundamental Rights under the Indian Constitution are enforceable only against the “State.” Article 12 sets the boundaries for who can be held accountable for violating those rights.
Generally, no. But if a private body performs public functions or is under substantial government control, courts (as seen on Indian Kanoon) may treat it as “State” under Article 12 of the Constitution of India.
On Indian Kanoon, you’ll find several landmark judgments like Ajay Hasia v. Khalid Mujib, where the Supreme Court laid down tests to decide whether an organization qualifies as a “State” under Article 12.
Article 12 acts as the gateway to all Fundamental Rights. It clarifies who can be sued or challenged when rights under Articles 14 to 32 of the Indian Constitution are violated.
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