Article 12 Of Indian Constitution

Article 12 of the constitution defines the state. Fundamental rights provide protection against governmental action, limiting government authority. Part III defines the term state in order to identify the authorities and instrumentalities functioning within or outside the borders of India which shall be included in the definition of state.

State is defined under article 12 of the constitution which states:

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.

The state includes the following:

  1. The government and parliament of india 
  2.  government and state  legislative 
  3. Local bodies
  4. Other authorities

A state’s functional organs are the government and the legislature; through them, it acts. State authority is expressed by laws enacted by its legislature, implemented by its government, and if a dispute is raised or resistance is encountered, the judiciary will declare the laws and enforce them.

Government : A government is the system which governs and regulates a country or community. Basically, it is an agency or organization tasked with formulating and expressing the state’s will.

Parliament : In India, the parliament consists of the President, the Lok Sabha (lower house), and the Rajya Sabha (upper house).

Legislature : Government enacts laws through the legislature, which is the legislative organ. As the agency responsible for formulating and executing the state’s will, it carries legal authority and force. At the state level, the State Legislature is the legislative body.

Local bodies : As per Section 3(31) of the General Clauses Act, 1897,

“Local Authority shall mean a municipal committee, district board, body of commissioner or other authority legally entitled to or entrusted by the Government within the control or management of a municipal or local fund.” Municipalities, panchayats, district boards, government entities, and mining settlement authorities are considered local authorities. As described in VII Schedule, List II, Entry no. 5 gives the meaning of local government.

In Mohammad Yasin vs. The Town Area Committee, Jalalabad and Ors. it was held that Consequently, the respondent was required to pay the petitioner’s costs as a result of the bylaws made by the committee coming under the State. Wholesale trade is allowed for the petitioner.

Other Authorities: This is the most important part and there are many tests which was developed over time. There is no definition of ‘other authorities’ in Article 12. No such provision is found in the Constitution or in the general clauses Act of 1897, nor in any other Indian statute. As a result, judicial opinion has changed over time with regard to the interpretation of the law.

 In University of Madras v. Shanta Bai, a new principle was developed, ‘ejusdem generis,’ which means ‘of like nature’. Under this principle, anyone who performs a governmental function falls under the legal umbrella of ‘other authorities’.

References

https://indiankanoon.org/doc/609139/

https://www.britannica.com/topic/government

https://www.legalserviceindia.com/legal/article-3301-article-12-of-the-constitution-of-india-1950.html

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.

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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.

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In the year 2021, we wrote about 1000 Inspirational Women In India, in the year 2022, we would be featuring 5000 Start Up Stories.

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