WHAT IS ‘STATE’? (ARTICLE 12)

In this article, we’ll learn what is a state where it is mentioned what is included as a state or what can be called as a state under the Indian Constitution.

Where the term ‘State’ is defined or mentioned?

It is mentioned in PART 3 of the Indian Constitution under Article 12 of the Constitution. Article 12 defines the term State as used in different Articles of Part 3 of the Indian Constitution.

The term ‘State’ includes the following:

  1. The Government and Parliament of India i.e; executive and legislature of the union.
  2. The Government and the legislature of each state i.e; executive and legislature of states.
  3. All local or other authorities within the territory of India.
  4. All local and other authorities are under the control of the government of India.

The term state thus includes executive as well as legislature of the union and the states. If any fundamental rights are being violated by any bye-laws (regulations)  of the state that can be challenged before the court.

WHAT ARE AUTHORITIES, LOCAL AUTHORITIES AND OTHER AUTHORITIES?

1. AUTHORITIES: means an institute that has the power to make laws, orders, regulations, bye-laws, notification, etc. which has the power to enforce those laws are called as authorities.

2. LOCAL AUTHORITIES: are authorities that refer to authorities like municipalities, district boards, panchayats, improvement trust and mining settlement boards.

Mohammed Yasin VS Town Area Committee

In this case, the Apex court held that the bye-laws of a municipal committee charging a prescribed fee on the wholesale dealer were an order by the state authority infringes Article 19 (1) (g). as a result of which there was a complete stoppage of the wholesale dealers business in the commercial sense.

Sri. Ram VS the notified area committee

In this case, the authority passed an act known a the U.P. municipalities act, 1919 under this act section 294 levied a fee, which was held to be invalid.

3. OTHER AUTHORITIES: The other authorities meaning are very wide in nature. This is used after mentioning a few of them such as the government parliament of India, the government and legislature of each of the states and the local authorities. It is not exactly defined or mentioned in the article what all includes because of which there was a lot of dispute in past. We’ll look into some of the landmark cases.

University of madras VS Shantha bai

In the above-mentioned case, the Madras High Court stated that the other authorities could only indicate authorities of a like nature unless maintain by the government.

The second case is Electricity board Rajasthan VS Mohan Lal

The Supreme court held that other authorities are wide enough to include all authorities created by the constitution or statute on whom powers are conferred by law.

Ajay Hasia  VS Khalid Mujib

The court held that a society registered under the societies registration act,1898 is an agency or instrumentality of the state and hence state within the meaning of Article 12.

M.C. Mehta VS Union of India

In the case of MC Mehta, the question was raised whether the private corporation falls within the ambit of Article 12. Unfortunately, the answer to this question was not finally decided by the court but the need to watchfully look into to do so future.

4. AUTHORITIES UNDER THE CONTROL OF THE GOVERNMENT OF INDIA: it is meant to bring into the definition of State all areas outside Indian territory but which are under the control of the Indian government or may come under the control of the Indian government such as mandatory or trustee territories. Even such territory which may come under the control of the government of India by an international agreement, such parts will also be subject to Part 3 and inhabitants of such areas may also claim the benefit of the Fundamental Rights given in part 3 of the Constitution.

IS JUDICIARY INCLUDED IN THE WORD STATE?

The judiciary though it is not expressly mentioned in Article 12  it should be mentioned within the expression of other authorities, because the court is set up to perform certain duties and has certain powers in there while they are performing their judiciary powers.

Naresh VS State of Maharashtra

It was held that even if the court is the state, a writ petition under Article 32 cannot be issued to a High Court of competent jurisdiction against its judicial orders because such orders cannot be said to violate fundamental rights.

In the above case of Naresh vs State of Maharashtra, it is stated that any order awarded by the court it won’t infringe the rights of the citizens.

CONCLUSION

In this article, we have learned what is state what all are included as a state given under Part 3 of article 12 mentioned in the Indian Constitution. Further above the state can be any authorities, local authorities, other authorities and authorities under the control of the government of India. The judiciary is not added in Article 12 because the judiciary is the protector of the Fundamental Rights and it is assumed that it will never violate the Fundamental Rights of the citizens.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.