Introduction

Fundamental Rights are mainly enforced against the State and its bodies.
Article 12 defines the term “State” to identify who can be held responsible for violation of these rights.
A wider meaning of “State” gives better protection to individuals.

Meaning / Definition

Article 12 defines “State” to include:

• Government and Parliament of India
• Government and Legislature of States
• Local authorities
• Other authorities within India or under control of the Central Government

The term “other authorities” is not defined, so courts have interpreted it broadly.

Modes or Types

Government and Legislature

• Includes:
  • Central Government and Parliament
  • State Governments and State Legislatures

These bodies clearly fall under “State”.

Local Authorities

• Includes bodies of local self-government such as:

  • Municipalities
  • Panchayats
  • Development authorities

• These bodies manage local areas and public functions

Other Authorities

This is the most important and wide category.

• Includes bodies that act as an instrumentality (tool) of the State
• Can be:
  • Statutory bodies (created by law)
  • Non-statutory bodies (registered under laws like Companies Act or Societies Act)

Instrumentality or Agency of State

Courts have developed tests to decide whether a body is part of the State.

Key Tests (from Ajay Hasia case):

• Government owns full or major share capital
• Financial support from government is very high
• Body enjoys monopoly (exclusive control) given by State
• Deep and continuous government control
• Functions are public in nature (important for society)

Functional Test

• Focus is on what the body does
• If it performs public functions, it may be treated as State

Control Test (Pradeep Kumar Biswas case)

• Body must be:

  • Financially controlled
  • Functionally controlled
  • Administratively controlled

• Control must be deep and real, not just general supervision

Important Case Law

University of Madras v. Santa Bai

• Applied narrow interpretation using ejusdem generis (same type rule)

Ujjambai v. State of U.P.

• Rejected narrow view and supported wider interpretation

Rajasthan State Electricity Board v. Mohanlal

• Statutory corporation held as “State”

Sukhdev v. Bhagatram

• LIC, ONGC and other corporations treated as State

Ramana D. Shetty v. International Airport Authority

• Introduced concept of “instrumentality of State”

Som Prakash v. Union of India

• Functional test applied
• Government control is key factor

Ajay Hasia v. Khalid Mujib

• Society registered under law treated as State
• Laid down important tests

Pradeep Kumar Biswas v. Union of India

• Tests are flexible, not rigid
• Focus on overall control of government

Zee Telefilms v. Union of India

• BCCI not considered State (no deep government control)

Distinction / Comparison

State vs Private Body

• State:

  • Subject to Fundamental Rights
  • Can be challenged in court

• Private Body:

  • Not directly bound by Fundamental Rights
  • Unless it performs public functions

Statutory vs Non-Statutory Bodies

• Statutory Body:

  • Created by law
  • More likely to be State

• Non-Statutory Body:

  • Created under general law
  • May still be State if government control exists

Practical Example

A government-owned company providing electricity with full government control will be treated as “State” under Article 12.

However, a private sports body without government control may not be treated as “State”.

Summary

• Article 12 defines “State” for enforcement of Fundamental Rights
• Includes government, legislature, local authorities, and other authorities
• “Other authorities” has wide meaning given by courts
• Instrumentality or agency test is used to identify State bodies
• Key factors: ownership, control, function, and financial support
• Private bodies are generally not State unless they perform public functions
• Wider meaning of State ensures better protection of Fundamental Rights