Definition of “State” (Article 12)
Indian Polity › Fundamental Rights · Topic 6.1
Article 12 defines the State for Part III: the Union government and Parliament, state governments and legislatures, all local authorities and all other authorities such as LIC, ONGC and SAIL. Fundamental Rights are enforceable against the State.
6 min read · UPSC Prelims · Polity · Fundamental Rights
At a Glance
- What it is The definition of “State” for the purposes of Part III, which tells us against whom the Fundamental Rights can be claimed
- Article Article 12, in Part III (Articles 12 to 35)
- Four limbs Union government and Parliament; state governments and legislatures; local authorities; all other authorities
- Why it matters Only the actions of the “State” can be challenged as violating a Fundamental Right
- Exam link UPSC Prelims, Polity: Fundamental Rights
Where Does It Fit?
This is the first topic of the category on Fundamental Rights. Part III of the Constitution contains Articles 12 to 35. Article 12 comes first because the Fundamental Rights are claimed against the State, so the Constitution begins by saying what the State includes.
What Are the Fundamental Rights?
The Fundamental Rights are enshrined in Part III of the Constitution from Articles 12 to 35. The framers drew inspiration from the Constitution of the USA, that is, its Bill of Rights. Part III is rightly described as the Magna Carta of India. It contains a very long and comprehensive list of justiciable Fundamental Rights, more elaborate than those in the Constitution of any other country, including the USA.
Originally the Constitution provided seven Fundamental Rights. The right to property (Article 31) was deleted by the 44th Amendment Act, 1978, and made a legal right under Article 300-A in Part XII. So at present there are six Fundamental Rights.
| Fundamental Right | Articles |
|---|---|
| Right to equality | 14–18 |
| Right to freedom | 19–22 |
| Right against exploitation | 23–24 |
| Right to freedom of religion | 25–28 |
| Cultural and educational rights | 29–30 |
| Right to constitutional remedies | 32 |
What Does Article 12 Say?
The term “State” is used in many provisions on the Fundamental Rights. Article 12 therefore defines it for the purposes of Part III. According to it, the State includes the following:
| Limb | What it covers | Examples |
|---|---|---|
| 1 | Government and Parliament of India | The executive and legislative organs of the Union government |
| 2 | Government and legislature of the states | The executive and legislative organs of a state government |
| 3 | All local authorities | Municipalities, panchayats, district boards, improvement trusts |
| 4 | All other authorities | Statutory or non-statutory authorities such as LIC, ONGC and SAIL |
Thus the State is defined in a wider sense so as to include all its agencies. It is the actions of these agencies that can be challenged in the courts as violating the Fundamental Rights.
Does a Private Body Fall Within the Meaning of State?
According to the Supreme Court, even a private body or an agency working as an instrument of the State falls within the meaning of the “State” under Article 12. What matters is therefore the role the body plays and not only its name or its legal form.
The fourth limb is the widest. It covers “other authorities”, and the Constitution does not require them to be created by a statute. Statutory authorities and non-statutory authorities are both included, which is why bodies like LIC, ONGC and SAIL are given as examples.
Against Whom Can the Rights Be Claimed?
All the Fundamental Rights are available against the arbitrary action of the State. However, some of them are also available against the action of private individuals. For example, Article 15(2) prohibits discrimination in access to shops, public restaurants, hotels and places of public entertainment, and in the use of wells, tanks and bathing ghats maintained by State funds or dedicated to the public. This provision prohibits discrimination both by the State and by private individuals, while Article 15(1) prohibits discrimination only by the State.
The Fundamental Rights are also described as limitations on the tyranny of the executive and on arbitrary laws of the legislature. They aim at establishing “a government of laws and not of men”. Defining the State widely makes sure that this protection is not avoided by acting through an agency.
Who Can Claim the Rights?
Article 12 tells us against whom the rights are claimed. A separate question is who can claim them. Some Fundamental Rights are available only to the citizens, while others are available to all persons, whether citizens, foreigners or legal persons like companies, except enemy aliens.
| Only citizens | Citizens and foreigners (except enemy aliens) |
|---|---|
| Article 15: no discrimination on grounds of religion, race, caste, sex or place of birth | Article 14: equality before law and equal protection of laws |
| Article 16: equality of opportunity in public employment | Articles 20 and 21: protection in respect of conviction, and of life and personal liberty |
| Article 19: six freedoms of speech, assembly, association, movement, residence and profession | Article 21A, Article 22, Articles 23 and 24 |
| Articles 29 and 30: cultural and educational rights of minorities | Articles 25 to 28: freedom of religion |
Why Is This Topic Important?
- Gateway to the rights A Fundamental Right can be enforced only against the State, so the definition decides who can be challenged
- Wide meaning Local bodies and public sector companies are included, which is a frequent Prelims theme
- Direct questions The four limbs and the examples are often asked
What Came Next?
The next topic covers Article 13, which declares that laws inconsistent with the Fundamental Rights are void and so brings in judicial review.
Key People and Terms
- State The term defined in Article 12 for the purposes of Part III
- Local authority Municipalities, panchayats, district boards, improvement trusts and similar bodies
- Other authorities Statutory or non-statutory bodies such as LIC, ONGC and SAIL
- Justiciable Enforceable in the courts
- Part III The part of the Constitution containing Articles 12 to 35
Exam Corner
Points to Remember
- Part III: Articles 12 to 35; the Magna Carta of India.
- Six Fundamental Rights today; the right to property was deleted by the 44th Amendment Act, 1978 and is now Article 300-A.
- Article 12 has four limbs: Union, states, local authorities and all other authorities.
- Even a private body working as an instrument of the State can fall within Article 12.
Do Not Confuse With
- Article 12 and Article 13 Article 12 defines the State; Article 13 declares laws against the rights void
- Rights against the State and against private persons All rights are available against the State; only some, like Article 15(2), also against private individuals
- Rights of citizens and of persons Article 14 is for all persons; Article 19 is only for citizens
Memory Hook
Four limbs, one idea: if the State does it, the Fundamental Rights can stop it.
Mains Angle
Questions on this topic usually ask why the State is defined widely. Use these points to add depth.
- Wide definition Local authorities and all other authorities are included, not only governments
- Instrument of the State The Supreme Court held that even a private body acting as an instrument of the State falls within Article 12
- Rights against private persons Some rights, like Article 15(2), also reach private individuals
- Purpose of the rights They limit executive tyranny and arbitrary laws so that the government is of laws and not of men
A Question You May Face
An original practice question, not a past paper question.
“Explain the meaning of “State” in Article 12 and discuss why its wide definition is important for the enforcement of Fundamental Rights.”
How to Answer
- Introduction Part III and the purpose of the Fundamental Rights.
- Article 12 The four limbs with examples.
- Wide scope Authorities, public sector bodies and instruments of the State.
- Conclusion The definition makes the rights enforceable against every agency of the State.
GS Relevance
Frequently Asked Questions
What is the definition of State in Article 12?
Article 12 defines the State for the purposes of Part III. It includes the Government and Parliament of India, the government and legislature of each state, all local authorities and all other authorities, meaning statutory or non-statutory bodies such as LIC, ONGC and SAIL.
Which Articles contain the Fundamental Rights?
The Fundamental Rights are in Part III of the Constitution, from Article 12 to Article 35. Part III is described as the Magna Carta of India and its list is more elaborate than in any other country, including the USA.
How many Fundamental Rights are there now?
There are six Fundamental Rights today. Originally there were seven, but the right to property was deleted by the 44th Amendment Act, 1978 and made a legal right under Article 300-A in Part XII of the Constitution.
Are local bodies included in the State?
Yes. Article 12 includes all local authorities, such as municipalities, panchayats, district boards and improvement trusts. Their actions can be challenged in the courts if they violate a Fundamental Right, just like the actions of the Union and state governments.
Can a private body be the State under Article 12?
According to the Supreme Court, even a private body or an agency working as an instrument of the State falls within the meaning of the State under Article 12, so its actions can be tested against the Fundamental Rights.
Are all Fundamental Rights available against private persons?
No. All of them are available against the arbitrary action of the State, but only some are also available against private individuals. Article 15(2), for example, prohibits discrimination in access to shops, hotels and public places by both the State and private persons.
Who can claim the Fundamental Rights?
Some rights, such as Articles 15, 16, 19, 29 and 30, are available only to citizens. Others, such as Articles 14, 20, 21, 21A and 22 to 28, are available to all persons, citizens or foreigners, except enemy aliens.
PYQ Practice — Statement Analysis
1 Article 12 defines the term State for the purposes of Part III of the Constitution.
It lists the Union, the states, local authorities and other authorities.
2 LIC, ONGC and SAIL fall within “other authorities” in Article 12.
Statutory and non-statutory authorities are both included.
3 Panchayats and municipalities are not covered by the definition of State in Article 12.
All local authorities are covered.
4 The right to property is a Fundamental Right under Article 31 at present.
It was deleted by the 44th Amendment Act, 1978 and is now Article 300-A.
5 A private body can never come within the meaning of State under Article 12.
The Supreme Court held that a private body working as an instrument of the State can.
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