State (Article 12)

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