Case Laws on Article 12 of the Indian Constitution

The following are some of the case laws on Article 12 of Indian Constitution:

Ajit Singh vs State of Punjab

The case of Ajit Singh v. State of Punjab is based on an incident that occurred in a Punjab hamlet in 1955. A group of people attacked the neighbourhood and caused property damage. One of the defendants in the case was Ajit Singh. He was charged with dacoity under Indian Penal Code (IPC) Section 395 and rioting by an unauthorised assembly under IPC Section 149. Ajit Singh was found guilty on both charges and sentenced to prison by the trial court. Ajit Singh filed an appeal with the Punjab and Haryana High Court, but the conviction was upheld. He then filed an appeal with India’s Supreme Court, which gave its ruling in 1966.

Ujjammabai vs State of Uttar Pradesh

In the case of Ujjammabai v. the State of U.P., the court rejected the above restrictive scope and held that the ‘ejusdem generis’ rule could not be resorted to the in interpreting other authorities. The bodies named under Article 12 have no common genus running through them and they cannot be placed in one single category on any rational basis.

Article 12 – Definition of State – UPSC Notes

Article 12 of the Indian Constitution defines the term “State” mentioned in the constitution. It includes the Central Government, the Parliament, the State Government, the State Legislature, and some other local authorities which will be considered “States” under the Constitution. In this article, we are going to discuss Article 12 of the Constitution, the definition of State under Article 12, and some major cases raised against Article 12 of the Indian Constitution.

Table of Content

  • Article 12 of the Indian Constitution
  • ‘State’ under Article 12 of the Constitution
  • ‘Other Authorities’ under Article 12 of the Constitution
  • Public Authority under Article 12 of the Indian Constitution
  • Case Laws on Article 12 of the Indian Constitution
  • Major Cases Raised Against Article 12 of the Indian Constitution
  • Conclusion

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Article 12 of the Indian Constitution

Article 12 of the Constitution is present in the Part III of the Constitution. Part III of the Constitution deals with Fundamental Rights. Article 12 was introduced in the Draft Constitution as Article 7. While initiating a debate on this in the Constituent Assembly, DR. B.R. Ambedkar described the scope of this article as the reason why this article was placed in the chapter on Fundamental rights of the Constitution. Article 12 of the Constitution states that: In this part, unless the context otherwise requires, “The State” includes the Government and the legislature of each of the State and all local or other authorities within the territory or under the control of the Government of India....

‘State’ under Article 12 of the Constitution

Article 12 defines the term “State”. It says that the term “State” includes the following :...

‘Other Authorities’ under Article 12 of the Constitution

In Article 12 the expression ‘other authorities’ 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 all local authorities....

Public Authority under Article 12 of the Indian Constitution

Public authorities under Article 12 includes :...

Case Laws on Article 12 of the Indian Constitution

The following are some of the case laws on Article 12 of Indian Constitution:...

Major Cases Raised Against Article 12 of the Indian Constitution

The following are some of the major cases raised against Article 12 of the Indian Constitution:...

Conclusion

Article 12 lies in part III of constitution and it is one of fundamental Article 12 of the Indian Constitution defines the meaning of “State”. It defines which organization lies in category of State. Article 12 extends the applicability of Fundamental Rights to action of not just the central and state governments but also to actions of various other authorities within the territory of India. The definition of Article 12 ensures that Fundamental right can be claimed only against the state....

FAQs on Article 12 of Indian Constitution

1. What is Article 12 called?...