ARTICLE 12: The Indian Constitution

 Definition 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.

STATE

  • The Government & The Parliament
  • The Government Legislature of  Each States
  • All local Bodies
  • Other Authorities

This part of the constitution defines that to what includes within the ambit of the state. Therefore it has categorized State as follows:-

The Government & the Parliament:-

The Government of India includes; ( Articles 52-78 & Article 123)

  1. The Union Executive
  2. The President
  • The Vice-President
  1. The Council of Ministers

The Parliament of India includes; ( Articles 79-122)

  1. The Rajya Sabha
  2. The Lok Sabha

The Government & the Legislature of each states:-

The State Executive includes; ( Articles 153- 167, Article 213)

  1. The Governor
  2. The Council of Ministers

The State Legislature includes; ( Articles 168-212)

  1. The Legislative Assembly
  2. The Legislative Council

The Local bodies:-

The local bodies include; (Articles 243, 243-A to 243-O), (Articles 243-P to 243-ZG)

  1. The Panchayats
  2. The Municipalities

Meaning of Other Authorities:-

Other authorities are the authorities that include:-

  • Authorities made by the Statute of Government.
  • Which can make law & does not include private authority.

e.g.:- If I don’t get a reservation, I can’t challenge in court saying my fundamental rights are infringed in a private institution.

In Rajasthan State Electricity Board v. Mohan Lal[1], it was held that very constitutional or,   statutory authority on whom powers are conferred by law is not  “other authority” within the meaning of Article 12.  It is only those authorities which are invested with sovereign power, that is, power to make rules or regulations and to administer or enforce them to the detriment of citizens and others that fall within the definition of “State” in Article 12.e.g.:- The Punjab co-operative Bank was not made through a special statute. It was created by the cooperative Act. It is not another authority.

What comes under the ambit of Corporation? 

A Landmark was set up by the Hon’ble SC on the test to determine this:-R.D. Shetty v. International Airport Authority[2], Somprakash Rekhi v. UOI[3]

i)  If whole share capital is of Government.

ii) Where the whole control is of state.

iii) Whether the corporation is a state monopoly, whether in case that corporation is given by the state?

iv) Are the functions of corporations are of public importance? Are they closely related to government function?

v)  If a department of government answerable to those industries. Non- Statutory bodies which are also not corporations:-In Ajay Hasia v. Khalid Mujib[4], If Regional Engineering college of Srinagar is another authority:-

  • SC in this case dissected what includes under other authority. Herby the money was given by the State & the Central Government.
  • The management was governed by the IAS officers.
  • So, it is other authority. Provided, it is cumulatively, financially, administratively & functionally under the government.

e.g.- Anything SBI, ICAR, FCI, Khadi, Industries board, Indian oil corporation falls under other authorities.

In Zee Telefilms v U.O.I.[5] , SC in this case held that it is not another authority because it is neither economically, functionally & administratively not under the control of the Government of India.

  • But keeping in view the aforesaid, later on, Lodha committee says it includes National honour, law & order whereby BCCI {Bar Cricket Council of India} was concluded as under government control. Yet it was declared not as other authority.
  • As of the other scenario bodies outside India are also covered under the term other authority provided it has administrative authority outside India. E.g. India House London.

[1] AIR 1967 SC 1857.

[2] AIR 1979 SC 1628.

[3]  AIR 1981 SC 212.

[4]  AIR 1981 SC 487.

[5]  2nd February 2005, https://indiankanoon.org/doc/404603/

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